Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Refugees, Democracy and the Law PDF full book. Access full book title Refugees, Democracy and the Law by Dana Schmalz. Download full books in PDF and EPUB format.
Author: Dana Schmalz Publisher: Routledge ISBN: 1000175782 Category : Law Languages : en Pages : 272
Book Description
The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
Author: Dana Schmalz Publisher: Routledge ISBN: 1000175782 Category : Law Languages : en Pages : 272
Book Description
The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.
Author: Kathleen R. Arnold Publisher: Taylor & Francis ISBN: 1000918149 Category : Political Science Languages : en Pages : 122
Book Description
Recognizing the radical disparity between migration/border policy and constitutional law “inside these borders,” Kathleen R. Arnold focuses on two main forms of migrant protest to explore the meaning of resistance in a sovereign context: self-harming protest by detainees and faith-based sanctuary of individuals scheduled for detention. This activism creates a “democratic state of exception,” interrupting the legal process, altering discretionary forms of sovereign power, and enacting rights not formally granted; these efforts go beyond the assertion of liberal rights or merely restoring the rule of law (even if these are also goals), challenging the warfare state while constituting a demos that is formally illegible. Migrant Protest and Democratic States of Exception will be of interest to scholars, migrant advocacy professionals (including INGO and IGO officers), graduate students, and advanced undergraduate students in a variety of fields from legal studies to forced migration and refugee studies, political science, human rights, protest history, and contemporary movements.
Author: Robert Koulish Publisher: Routledge ISBN: 1135843317 Category : Law Languages : en Pages : 238
Book Description
While immigration embodies America’s rhetorical commitment to democracy, it also showcases abysmal failures in democratic practice. Koulish examines these failures in terms of excessive executive powers circumventing the constitution, privatization, and right-wing subversion of local democracy.
Author: Ruvi Ziegler Publisher: Cambridge University Press ISBN: 1108211186 Category : Political Science Languages : en Pages : 287
Book Description
Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.
Author: Sonja Grover Publisher: Routledge ISBN: 100073157X Category : Law Languages : en Pages : 262
Book Description
Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State. The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings. Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.
Author: Sarah Song Publisher: Oxford Political Theory ISBN: 0190909226 Category : Philosophy Languages : en Pages : 265
Book Description
How should we think about immigration and what policies should democratic societies pursue? Sarah Song offers a political theory of immigration that takes seriously both the claims of receiving countries and the claims of prospective migrants. What is required, she argues, is not a policy of open or closed borders but open doors.
Author: Hélène Lambert Publisher: BRILL ISBN: 9004479473 Category : Law Languages : en Pages : 239
Book Description
The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice.
Author: Dana Schmalz
Author: Dana Schmalz
Author: Reuven Ziegler
Author: Kathleen R. Arnold
Author: Matthew J. Gibney
Author: Robert Koulish
Author: Ruvi Ziegler
Author: Sonja Grover
Author: Jayshree Satpute
Author: Sarah Song
Author: Hélène Lambert