Contributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand. Who and what determines the legislative agenda in this context? Is the legislative agenda driven by the legislators or by the executive? Where does the 'community' fit into this picture? Together the essays explain the international context for the responses of the jurisdictions, evaluate the responses from a human rights perspective and assess the integrity and coherency of legal responses as shown by their impact on the rule of law.
• Overview of topic explains the international context, leading to a deeper understanding of the issues • Individual chapters are written by experts on each jurisdiction, but the ideas in each were discussed prior to writing and thus there is a consistent and coherent treatment • Discusses both North America and the EU, stimulating the reader to think more deeply about the interaction between national and international law
Introduction - refugees and asylum seekers in the international context: rights and realities Susan Kneebone; 1. The rule of law and the role of law: refugees and asylum seekers Susan Kneebone; 2. Asylum and the rule of law in Canada: hearing the other (side) Audrey Macklin; 3. Refugees, asylum and the rule of law in the USA Stephen H. Legomsky; 4. The Australian story: asylum seekers outside the law Susan Kneebone; 5. The intersection between the international, the regional and the domestic: seeking asylum in the United Kingdom Maria O'Sullivan; 6. Conclusions on the rule of law Susan Kneebone; Appendix.
'… a nice mixture of legal theory and practical analysis of the Australian legal and political scenes. … clear analysis … excellent empirical analysis, a good bibliography and useful appendixes.' The Australian Law Journal
'[This] book is highly recommended because it offers a valuable comparison of national responses to the essential question [of] how to implement the international rule of law into national laws. Furthermore, it places these responses within a theoretical framework of the rule of law, fundamental to a modern legal system.' Carolus Grütters, European Journal of Migration and Law