Immigration detention and human rights : rethinking territorial sovereignty / / by Galina Cornelisse.

• Superior document: Immigration and asylum law and policy in Europe, v. 19
• Author: Cornelisse, Galina.
• Year of Publication: 2010
• Edition: 1st ed.
• Language: English
• Series: Immigration and asylum law and policy in Europe ; v. 19.
• Physical Description: 1 online resource (402 p.)
• Notes: Description based upon print version of record.

Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as “destabilisation rights”, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty.

Table of Contents

Introduction : immigration detention in contemporary Europe -- Sovereignty, people, and territory -- Limiting sovereign power -- Freedom of movement I : the right to leave as a human right -- Freedom of movement II : decisions on entry as a sovereign prerogative? -- Reaffirming sovereignty and reproducing territoriality : deportation and detention -- International human rights law on immigration detention -- The ECtHR : detention as a 'necessary adjunct' to an 'undeniable sovereign right'? -- Destabilising territorial sovereignty through human rights litigation in immigration detention cases.