Liberty of Non-Citizens - (Hart Studies in Constitutional Law) by Rayner Thwaites (Hardcover)

About the Book

The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses.

Book Synopsis

Enabling a rich cross-fertilization of experiences and discourses, this book addresses the legality of indefinite detention in various commonwealth countries, including Canada, Australia, and the UK. The issue has arisen where a government is frustrated in its inability to apply a removal order to a non-citizen subject and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens, and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights, and a range of contemporary issues in public law. The book analyzes the legal context, reasoning, and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. Taking into account variations in legal frameworks and doctrines, it demonstrates that a judge's response to indefinite detention is determined by his or her answer to the question of whether a non-citizen, who is subject to a removal order, retains a right to liberty. The book details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty. (The thesis on which this book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.)

Review Quotes

"The comparative nature of the book is one of its great strengths...The book's thesis is supported by sound and convincing legal analysis and benefits from persuasive and engaging writing." --Dr Azadeh Dastyari, Australian Journal of Administrative Law

"The Liberty of Non-Citizens is a must-read for academics and practitioners interested in immigration, human rights and national security law and provides a unique comparative contribution to scholarship on national security and immigration issues. Thwaites's attention to detail is impressive and indeed essential for illustrating the differences in interpretive approaches adopted in these jurisdictions." --Justine Stefanelli, The Modern Law Review

About the Author

Rayner Thwaites is a Senior Lecturer at the Faculty of Law, University of Sydney.