1st Edition

Sovereignty, Migration and the Law The Exclusion of Non-Citizens

By Patricia Rushton Copyright 2025
284 Pages
by Routledge

284 Pages
by Routledge

284 Pages
by Routledge

This book examines how states justify the creation of physical, policy and legislative barriers of entry for migrants by drawing on a concept of sovereignty. The movement of people across the world in search of refuge from persecution, war and poverty is accelerating. And as states confronted with this movement create physical, policy and legislative barriers to entry, they justify this... Read more

Part One: The Theoretical, International and Historical Context 1 Introduction 2 Defining Sovereignty at the Nexus of Globalisation and Migration 3 Globalisation as a Threat to Sovereignty in the 21st Century 4 Migration Law and Sovereignty in Australia: 1901, 1958, 1978 Part Two: How Sovereignty is Used to Justify Exclusion 5 The Clash of Neoliberalism and Sovereignty 6 Sovereignty to Justify ‘Keeping Out’ and ‘Kicking Out’ 7 Values Revealed: Australian Values and Amendments to the Migration Act 1958, 2000–2020 Part Three:  The Anachronism of a Sovereignty that Justifies Exclusion 8 Sovereignty of Exclusion and the Rule of Law 9 Conclusion

Biography

Patricia Rushton is a barrister and solicitor of the Supreme Court of South Australia and of the High Court of Australia and practices law at Beena Rezaee Legal and Migration. She is also an occasional lecturer at the College of Business Government and Law, Flinders University, Australia.

"This is a sophisticated and practically important body of work that I think will interest a cross-section of scholars, bureaucrats, and anyone interested in the migration and asylum seeker regime. It deserves to be read and analysed by others." Afshin Akhtar-Khavari, Professor of International Law, Queensland University of Technology, Australia.