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Migration and Refugee Law
Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.
Migration and Refugee Law in Australia
Migration law has been a very controversial area over the past twenty years. The global movement of people and the plight of refugees have led to a series of controls on people entering into, and remaining in, Australia. The legislation containing the rules have been changed many times and the courts have considered hundreds of cases. In Migration and Refugee Law in Australia: Cases and Commentary, the main principles of law are extracted and explained so that the law can be understood. The book analyses the policy and moral considerations underpinning migration law, and suggests an overarching framework for developing migration law and critiquing existing policies and practices. Migration and refugee law is also analysed through the lens of Australian and international human rights law and conventions. Immigration is expected to be one of the most important issues facing Australia this century. Informed debate will produce outcomes.
The Human Rights of Non-citizens
Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.
Family Dispute Resolution from a Cultural Perspective
Family dispute resolution is the central theme of this book. The book contributes to the growing body of research on non-Australian perspectives of South Sudanese settlement in Australia in a unique way; while other researchers have highlighted several of the settlement problems faced by South Sudanese former refugees, none have focused on the important issue of how family law problems are resolved. This book will also make a vital contribution to our understanding of how the Australian legal system works (or does not work) within the context of legal pluralism. Ultimately, this book will strengthen our understanding of social integration and family well-being of South Sudanese families and other groups in Australia.
Migrant Smuggling by Sea
A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
The Legacy of Nuremberg
In this new collection of essays the editors assess the legacy of the Nuremberg Trial asking whether the Trial really did have a civilising influence or if it constituted little more than institutionalised vengeance. Three essays focus particularly on the historical context and involve rich analysis of, for example, the atmospherics of the Trial itself and the attitudes of German society at the time to the conduct of the Trial. The majority of the essays deal with the contemporary legacies of the Nuremberg Trial and attempt to assess the ongoing relevance of the Judgment itself and of the principles encapsulated in it. Some essays consider the importance of the principle of individual crimin...
Law and Democracy
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be sub...
The Oxford Handbook of International Refugee Law
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Church-state Issues in America Today: Religious convictions and practices in public life
Provides crucial insight into the controversies surrounding issues surrounding the separation of church and state.
Church-State Issues in America Today
Church and state issues are in the news now more than ever before. Political and religious leaders alike are negotiating shaky ground as they balance their religious/moral and political perspectives with their roles as leaders. New technologies push the boundaries of moral consensus by creating new controversies such as those involving stem-cell research and medical measures to sustain or end the lives of the terminally ill. The Supreme Court continues to work to clarify the fuzzy line between religion and politics as it addresses cases regarding abortion, school prayer, and the Pledge of Allegiance, among other issues. Further controversies only lead to further divisions among Americans. Ch...
