THE ADMINISTRATIVE DETENTION OF NON-NATIONALS PURSUANT TO IMMIGRATION CONTROL: INTERNATIONAL AND CONSTITUTIONAL LAW PERSPECTIVES

Daniel Wilsher

12 citations0/0 files storedInternational and Comparative Law Quarterly

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Immigration Law and Human Rights Administrative Law and Governance Criminal Law and Evidence

Abstract

Fortunately it is still startling, in this country, to find a person held indefinitely in executive custody without accusation of crime or judicial trial. Executive imprisonment has been considered oppressive and lawless since John, at Runnymede, pledged that no free man should be imprisoned, dispossessed, outlawed, or exiled save by the judgment of his peers or by the law of the land, (per Jackson J, Shaughnessy v United States ex rel Mezei 345 US 206 (1953))

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References

1973Principles of Public International Law 1979Introduction to the Study of the Law of the Constitution 1936Oppenheim's International Law 1940Introduction to the Study of the Law of the Constitution 1999Principles of public international law 1994Oppenheim’s International Law, Vol. I, Peace (2 vols.) (9th ed.). Edited by Sir Robert Jennings and Sir Arthur Watts. Burnt Mill: Longman, 1992. Pp. lxxxvi, 1133. Indexes. $695; £395.

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2013Immigration Detention and Proportionality 2013AN ARGUMENT AGAINST IMMIGRATION DETENTION OF ASYLUM SEEKERS IN CANADA

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