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Destabilising Territorial Sovereignty Through Human Rights Litigation In Immigration Detention Cases

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Chapter Summary

This concluding chapter briefly discusses author's findings to show that territorial sovereignty as an institution is founded upon and simultaneously maintains an important role in shaping contemporary legal norms and actual practices; practices which, in turn, impact on these norms. It shows that crucial normative assumptions are built into, but at the same time remain hidden by, the institution of territorial sovereignty, the implications of which on the life of the individual are best illustrated by the practice of immigration detention. The chapter also discusses that human rights litigation in immigration detention can make these normative assumptions open and explicit. The result is that they may be more effectively challenged in modern legal and political discourse, therewith facilitating novel ways of thinking about the relationship between political power, territory and individual rights.

Keywords: human rights litigation; immigration detention; territorial sovereignty



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