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Access to Protection

Cathryn Costello.

in The Human Rights of Migrants and Refugees in European Law

December 2015; p ublished online March 2016 .

Chapter. Subjects: EU Law; Human Rights and Immigration. 25762 words.

This chapter explores issues of access to protection. Refugee protection depends, in practice, on access to a place of refuge. Border controls have been extended and intensified, so that...

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Analysing European Case-Law on Migration

Thomas Spijkerboer.

in EU Migration Law

March 2014; p ublished online May 2014 .

Chapter. Subjects: EU Law; Human Rights and Immigration. 16393 words.

This chapter addresses three ways in which lawyers can try to criticize the case law of European courts. The first is to re-analyse case law so as to expose its internal inconsistencies,...

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The Armed Forces

Paul Johnson.

in Going to Strasbourg

September 2016; p ublished online October 2016 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 16052 words.

This chapter contains the oral histories of five individuals who lodged complaints in Strasbourg under the European Convention on Human Rights between 1996 and 1999 about discrimination on...

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Balancing Human Rights and National Security

Mary Arden.

in Human Rights and European Law

January 2015; p ublished online March 2015 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 1416 words.

This chapter develops a principled approach to resolving the conflict arising between the need for national security and human rights based on the doctrine of proportionality....

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Building a Better Society

Mary Arden.

in Human Rights and European Law

January 2015; p ublished online March 2015 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 5602 words.

This chapter is based on a speech made in 2008 and begins with the author’s thoughts about the first ten years after the Human Rights Act 1998 came into force. It then makes and develops...

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The Changing Judicial Role: Human Rights, Community Law, and the Intention of Parliament

Mary Arden.

in Human Rights and European Law

January 2015; p ublished online March 2015 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 9470 words.

This chapter discusses statute law and statutory interpretation and then draws some conclusions about the judicial role. The principal premise is that statutory interpretation can be...

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Common Law in the Age of Human Rights

Mary Arden.

in Human Rights and European Law

January 2015; p ublished online March 2015 .

Chapter. Subjects: Human Rights and Immigration; EU Law. 8602 words.

The principal provisions of the Human Rights Act 1998 came into effect in England and Wales on 2 October 2000. After that date the courts were not able to act in a way which was...

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Conclusion

Federico Fabbrini.

in Fundamental Rights in Europe

February 2014; p ublished online April 2014 .

Chapter. Subjects: EU Law; Human Rights and Immigration. 841 words.

The short conclusion summarizes the main content and achievements of the book.

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Conclusions

Cathryn Costello.

in The Human Rights of Migrants and Refugees in European Law

December 2015; p ublished online March 2016 .

Chapter. Subjects: EU Law; Human Rights and Immigration. 6017 words.

This book aims to interrogate the human rights implications of migration control and migration status. Constructive human rights pluralism opens up greater space for contestation and...

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Constructing Migration Status

Cathryn Costello.

in The Human Rights of Migrants and Refugees in European Law

December 2015; p ublished online March 2016 .

Chapter. Subjects: EU Law; Human Rights and Immigration. 20337 words.

This chapter explores the notion of legal and illegal immigration from a dynamic and multilevel perspective. With this perspective, the binary structure of legal/illegal becomes blurred,...

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