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Making Migration Law
Eve Lester
其他書名
The Foreigner, Sovereignty, and the Case of Australia
出版Cambridge University Press, 2018-03-22
主題Law / GeneralLaw / ConstitutionalLaw / Emigration & ImmigrationPolitical Science / Human RightsSocial Science / Emigration & Immigration
ISBN11071732729781107173279
URLhttp://books.google.com.hk/books?id=w45LDwAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.