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Protection seekers and preventive justice : preventative immigration detention in Australia and the United Kingdom
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Billings, Peter and Stevens, Dallal (2017) Protection seekers and preventive justice : preventative immigration detention in Australia and the United Kingdom. In: Tulich, Tamara and Ananian-Welsh, Rebecca and Bronitt, Simon and Murray, Sarah, (eds.) Regulating preventive justice : principle, policy and paradox. Routledge. ISBN 9781138658189
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Official URL: https://www.routledge.com/Regulating-Preventive-Ju...
Abstract
This Chapter critically explores the justifications, scope and limits of immigration detention in Australia and the United Kingdom, and makes a distinctive contribution to the developing preventive justice scholarship alongside the established criminal law/procedure and counter-terrorism focused studies. We critically reflect on the combination of preventive and administrative rationales for immigration detention, and consider the anticipated harms that states claim both requires and validates prolonged periods of incarceration as a valid regulatory tool of immigration control. We examine how conventional, public lawbased constraints on executive action are absent, ineffective, or present in attenuated forms in this regulatory space. Without orthodox and effective checks and balances that promote substantive and procedural justice, protracted and even indefinite periods of detention for many protection seekers have eventuated. We conclude the Chapter by indicating how administrative and/or judicial review processes might be reformed in each context so that the necessity and proportionality of immigration detention, including preventive rationales for detention, can be more effectively scrutinised.
Item Type: | Book Item | ||||||||
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Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||||
Divisions: | Faculty of Social Sciences > School of Law | ||||||||
Library of Congress Subject Headings (LCSH): | Preventive law, Emigration and immigration law, Detention of persons | ||||||||
Publisher: | Routledge | ||||||||
ISBN: | 9781138658189 | ||||||||
Book Title: | Regulating preventive justice : principle, policy and paradox | ||||||||
Editor: | Tulich, Tamara and Ananian-Welsh, Rebecca and Bronitt, Simon and Murray, Sarah | ||||||||
Official Date: | 2 February 2017 | ||||||||
Dates: |
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Number of Pages: | 232 | ||||||||
Status: | Peer Reviewed | ||||||||
Publication Status: | Published | ||||||||
Reuse Statement (publisher, data, author rights): | "This is an Accepted Manuscript of a book chapter published by Routledge in Regulating preventive justice : principle, policy and paradox on 02/02/2017 available online: https://www.routledge.com/Regulating-Preventive-Justice-Principle-Policy-and-Paradox/Tulich-Ananian-Welsh-Bronitt-Murray/p/book/9781138658189 | ||||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||||
Date of first compliant deposit: | 29 July 2016 | ||||||||
Date of first compliant Open Access: | 20 February 2019 | ||||||||
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