Academics, Activists and Policy-makers
Edited by Michael J. Flynn and Matthew B. Flynn
Chapter 4: Whither presumption of liberty? Constitutional law and immigration detention
The protection of individual liberty against arbitrary detention by the state is one of the foundations of liberal jurisprudence. In common law countries like the United Kingdom, however, lengthy immigration detention on a large scale has become normal and has largely been held to be constitutional. Once judges accepted that the migration power entails a power to detain pending expulsion, courts in these countries have found it difficult to draw clear boundaries around detention. This has allowed governments to extensively expand detention facilities. By contrast, constitutions in continental Europe have viewed immigration detention as a heterodox exercise of police power requiring greater judicial control and legislative time limits.
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