Immigration Detention and Human Rights: Rethinking Territorial sovereignty

Research output: Book / ReportBookAcademic


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.
Original languageEnglish
Place of PublicationLeiden Boston
Number of pages402
ISBN (Print)9789004173705
Publication statusPublished - 2010

Publication series

NameImmigration and Asylum Law and Policy in Europe


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