Immigration & Asylum Law

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth
Keyword(s):  
Social Impact ◽  
Case Law ◽  
The Political ◽  
Asylum Law ◽  
Strong Focus ◽  
The Law ◽  
Eighth Edition ◽  
Developing Area ◽  
Immigration And Asylum ◽  
Law And Legislation

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.

Immigration & Asylum Law

2021 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth
Keyword(s):  
Social Impact ◽  
The Political ◽  
Home Office ◽  
Asylum Law ◽  
Strong Focus ◽  
Ninth Edition ◽  
The Law ◽  
Developing Area ◽  
Immigration And Asylum ◽  
Law And Legislation

The ninth edition of Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the impacts of Brexit and the Covid-19 pandemic on immigration and the asylum process, coverage of the Windrush scandal, and a discussion of the case of Shamima Begum. It also contains important clarification from the higher courts on the interpretation and application of Part 5A of the NIAA 2002, a consideration of the impacts of the hostile (compliant) environment, updated Home Office guidance on Age Assessment and challenges to detained asylum casework, the Home Office Removals Policy, and the new Immigration Bail provisions.

Counterfactual Reasoning and Expropriation Compensation: An Argument for Elimination of Elimination Rules

2016 ◽  
Vol 2016 (3) ◽  
Author(s):  
Sjur K Dyrkolbotn
Keyword(s):  
Legal Reasoning ◽  
Counterfactual Thinking ◽  
Case Law ◽  
Property Value ◽  
Counterfactual Reasoning ◽  
England And Wales ◽  
Legal Professionals ◽  
Unique Mode ◽  
The Law ◽  
Law And Legislation

AbstractTo award compensation for expropriated property, it is usually necessary to determine what the value of the property would have been if there had been no expropriation. This requires counterfactual thinking, a form of “make-believe” reasoning that legal professionals and valuators often find difficult to apply. The challenge becomes particularly difficult and important when the scheme underlying expropriation influences the value of the property that is taken. In such situations, rules developed in case law and legislation often attempt to clarify when aspects of property value should be attributed to the expropriation scheme and disregarded from further consideration. This article critically addresses elimination rules of this kind, arguing that they interfere with counterfactual assessments in ways that can render these assessments more difficult, less predictable, and more open to manipulation. To illustrate the overarching point, it is argued that recent proposals for reform in England and Wales, aiming to constrain the scope of contrary-to-fact elimination in expropriation cases, might not work as intended and could potentially make the situation worse. More broadly, the article argues that counterfactual reasoning in expropriation cases cannot be circumvented by legislative and casuistic interventions. Just as the law of tort, the law of expropriation compensation illustrates why counterfactual reasoning should be recognised as an irreducible and unique mode of legal reasoning, one that should be addressed as such by legal theorists and lawmakers alike.

Company Directors: Duties, Liabilities, and Remedies

2017 ◽  
Keyword(s):  
Case Law ◽  
Third Party ◽  
Court Decisions ◽  
Cayman Islands ◽  
Market Abuse ◽  
Company Directors ◽  
The Law ◽  
The Uk ◽  
Law And Legislation ◽  
Court Of Appeal

This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors’ disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing. There has been a wealth of new case law relevant to directors’ duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in Prest v Petrodel Resources, Jetivia v Bilta (UK), FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas, the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders. Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands’ Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason. In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors’ exposure to third party claims and a new chapter on civil remedies for market abuse. The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.

Manifestation Determination as a Golden Fleece

2001 ◽  
Vol 68 (1) ◽  
pp. 85-96 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Social Context ◽  
Case Law ◽  
Educational Purpose ◽  
Manifestation Determination ◽  
Alternative Approach ◽  
The Social ◽  
Relevant Case ◽  
Functional Implications ◽  
The Law ◽  
Law And Legislation

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services will be allowed. However, it is conceptually and methodologically flawed and appears to serve more of a political than educational purpose. In this article, we critique the manifestation determination provision by reviewing relevant case law and legislation, examining the social context surrounding this mandate, and questioning the validity of current approaches for making a manifestation determination. We believe this analysis will corroborate our thesis. Therefore, we conclude this article by proposing an alternative approach for conceptualizing and conducting a manifestation determination that has more functional implications than those currently in use and still addresses the spirit and letter of the law.

5. Immigration law and human rights

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Immigration Law ◽  
Human Rights Law ◽  
The Law ◽  
Immigration And Asylum ◽  
Proportionality Test ◽  
The Relationship

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extra-territorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.

Romans 8: Dead to the Law, Alive in the Spirit

2013 ◽  
Vol 9 ◽  
Author(s):  
Tyler Lohse
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Interpretive Theory ◽  
The Law ◽  
Interpretive Strategies ◽  
Civil Death ◽  
Romans 8

This essay comments on the nature of the language of the law and legal interpretation by exam- ining their effects on their recipients. Two forms of philosophy of law are examined, legal positiv- ism and teleological interpretive theory, which are then applied to their specific manifestations in literature and case law, both relating to antebellum slave law. In these cases, the slave sustains civil death under the law, permissible by means of these legal interpretive strategies.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

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