The Australian offshore detention regime: a constitutional reflection

Breda, Vito (2016) The Australian offshore detention regime: a constitutional reflection. Quaderni Costituzionali, 36 (4). pp. 813-816. ISSN 0392-6664

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Abstract

This essay reports on the Commonwealth of Australia’s regime of offshore detention designed for unauthorised maritime arrivals (hereafter UMAs Migration Act 1958 n.131, 198 AA-AJ). The aim of the offshore detention policy is to deter future arrivals by preventing UMAs from settling in mainland Australia. It will be argued that such a regime is a manifestation of Australian constitutional arrangements that allocate a large spectrum of prerogative to the Parliament of the Commonwealth of Australia (hereafter the Federal Parliament) and of a missing human rights culture in the Australian jurisprudential tradition.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Submitted Version made accessible.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 14 Mar 2017 06:06
Last Modified: 09 Nov 2017 01:31
Uncontrolled Keywords: offshore detention; Australian constitutional; refugees; federal offshore immigration detention policy; human rights
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified
48 LAW AND LEGAL STUDIES > 4804 Law in context > 480499 Law in context not elsewhere classified
Socio-Economic Objectives (2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
Identification Number or DOI: https://doi.org/10.1439/85062
URI: http://eprints.usq.edu.au/id/eprint/30241

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