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Criminal Law x Human Rights and Immigration x clear all

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Ambivalence and estrangement in detention

Mary Bosworth.

in Inside Immigration Detention

September 2014; p ublished online October 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 10005 words.

This chapter revisits the questions with which this study opened. What are IRCs for? How can we understand them? On what basis might we appraise their success? How can we determine their...

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Civil Preventive Orders

Andrew Ashworth and Lucia Zedner.

in Preventive Justice

March 2014; p ublished online May 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 10544 words.

Resort to civil measures for dealing with harms and potential harms is now common. This chapter examines, in particular, civil preventive orders which are coercive and maps the range of...

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Conclusion

Mary Bosworth.

in Inside Immigration Detention

September 2014; p ublished online October 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 5537 words.

This final chapter looks for a more moderate approach to border control, pointing out the inevitable and egregious consequences of denying humanity and refusing to recognize those among us....

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Conclusions: The Preventive State and Its Limits

Andrew Ashworth and Lucia Zedner.

in Preventive Justice

March 2014; p ublished online May 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 8765 words.

This concluding chapter draws together some of the most important principles previously set out. It re-examines the state’s duty to prevent harm and indicates some problems to which that...

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Counterterrorism Laws and Security Measures

Andrew Ashworth and Lucia Zedner.

in Preventive Justice

March 2014; p ublished online May 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 12163 words.

This chapter analyses how terrorism is defined and what follows from these definitions. It examines the ‘War on Terror’ and the security measures undertaken in its name. It explores...

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The detention community

Mary Bosworth.

in Inside Immigration Detention

September 2014; p ublished online October 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 10782 words.

Having sketched out the institutional context in the preceding pages, this chapter concentrates on the relationships detainees and officers build (and sometimes fail to build) in detention...

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Emergency Powers and Terrorism-Related Regulation Circa 2012: Perspectives on Prerogative Power in the United States

Mark Tushnet.

in Extra-Legal Power and Legitimacy

November 2013; p ublished online January 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 7748 words.

This chapter examines the role of political and legal constitutionalism in structuring the response to terrorism since 2001. It begins by sketching two claims about the legal regulation of...

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Everyday life in detention

Mary Bosworth.

in Inside Immigration Detention

September 2014; p ublished online October 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 10632 words.

This chapter describes everyday life in detention, depicting how detainees pass their time and move around the centre. It describes the manner in which people arrive and leave the centres,...

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Extra-Legal Power and Legitimacy

Edited by Clement Fatovic and Benjamin A. Kleinerman.

November 2013; p ublished online January 2014 .

Book. Subjects: Criminal Law; Human Rights and Immigration. 256 pages.

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their...

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Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action

Clement Fatovic.

in Extra-Legal Power and Legitimacy

November 2013; p ublished online January 2014 .

Chapter. Subjects: Criminal Law; Human Rights and Immigration. 13892 words.

This chapter argues that deliberation can and should be used to assess the expediency and the legitimacy of all emergency measures, legal or extra-legal. Deliberation provides the only way...

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