Description
Bloomsbury Publishing (UK) Judicial Review of Immigration Detention in the UK US and EU: From Principles to Practice by Justine N Stefanelli
Immigration detention is considered by many states necessary when implementing immigration policy. Despite its key role the law on detention is vague leaving courts adjudicating with scant legal tools at their disposal. This book explores such adjudications in the lower courts of the UK and the US contrasting them with judgments of the Court of Justice of the European Union. Although using similar tests to establish legality outcomes significantly differ. A key factor in this divergence is the role that fundamental rights play in each jurisdiction. By evaluating almost 200 judgments this book compares the laws on detention in three jurisdictions making recommendations for improvement.