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Monday, 4 April 2011

Paper: Immigration detention and proportionality

Source: Global Detention Project

Global Detention Project Working Paper by Michael Flynn.

Immigration detention is characterized by a tension between the prerogatives of sovereignty and the rights of non-citizens. While states have broad discretion over who is allowed to enter and reside within their borders, their decision to detain and deport is constrained by a number of widely accepted norms and principles. One of these is the principle of proportionality, which provides that any decision to deprive a person of his or her liberty must be proportionate to specific ends established in law. 

GDP Detention and Proportionality Working Paper

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