Judicial review of immigration detention in the UK, US, and EU : from principles to practice

Resource Information

The work Judicial review of immigration detention in the UK, US, and EU : from principles to practice represents a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. This resource is a combination of several types including: Work, Language Material, Books.

Label

Judicial review of immigration detention in the UK, US, and EU : from principles to practice

Title remainder

from principles to practice

Statement of responsibility

Justine N Stefanelli

Creator

• Stefanelli, Justine N

Author

• Stefanelli, Justine N

Subject

• Alien detention centers -- Great Britain
• Alien detention centers -- United States
• Court of Justice of the European Union
• Court of Justice of the European Union
• Emigration and immigration law
• Emigration and immigration law -- European Union countries
• Emigration and immigration law -- Great Britain
• Emigration and immigration law -- United States
• Alien detention centers
• Great Britain
• Illegal aliens
• Illegal aliens -- European Union countries
• Illegal aliens -- Great Britain
• Illegal aliens -- United States
• Judicial review
• Judicial review
• United States
• European Union countries
• Alien detention centers -- European Union countries

Language

eng

Summary

"Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement"--

Assigning source

Provided by publisher

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

bibliography