Security Law And Borders

This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Drawing on the concept of the ‘politics of compassion’, this Handbook interrogates the political, geopolitical, social and anthropological processes which produce and govern borders and give rise to contemporary border violence.

What kind of a world is one in which border security is understood as necessary? How is this transforming the shores of politics? And why does this seem to preclude a horizon of political justice for those affected? Border Security responds to these questions through an interdisciplinary exploration of border security, politics and justice. Drawing empirically on the now notorious case of Australia, the book pursues a range of theoretical perspectives – including Foucault’s work on power, the systems theory of Niklas Luhmann and the cybernetic ethics of Heinz Von Foerster – in order to formulate an account of the thoroughly constructed and political nature of border security. Through this detailed and critical engagement, the book’s analysis elicits a political alternative to border security from within its own logic: thus signaling at least the beginnings of a way out of the cost, cruelty and devaluation of life that characterises the enforced reality of the world of border security.

Anna Pratt takes a close look at the laws, policies, and practices of detention and deportation in Canada since the Second World War. She demonstrates that although the desire to fortify the border against risky outsiders has long been prominent in Canadian immigration penality, the degree to which concerns about security, crime, and fraud have come to govern the process is unprecedented. Securing Borders traces the connections between seemingly disparate concerns - detention, deportation, liberalism, law, discretion, welfare, criminal justice, refugees, security, and risk - to consider them in relation to the changing modes of Canadian governance.

Leading authorities in the field who have been working on the common problem of policing and surveillance at physical and virtual borders at a time of increased perceived threat give their views.

Borders are changing in response to terrorism and immigration. This book shows why this matters, especially for sovereignty, individual liberty, and citizenship.