By Susan Kneebone
Members to this quantity learn how the legislative, government and administrative hands of presidency have answered to concerns about the rights and standing of refugees and asylum seekers in 5 universal legislation jurisdictions: the united kingdom, Australia, Canada, america and New Zealand. Who and what determines the legislative time table during this context? Is the legislative schedule pushed by means of the legislators or by way of the administrative? the place does the 'community' healthy into this photo? jointly the essays clarify the overseas context for the responses of the jurisdictions, evaluation the responses from a human rights viewpoint and examine the integrity and coherency of criminal responses as proven by way of their impression at the rule of legislations.
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Additional info for Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives
See ‘Introduction: Refugees and Asylum Seekers in the International Context – Rights and Realities’ (Introduction) note 4 for a summary of the doctrine of margin of appreciation. 32 the rule of law an d the role of l aw 33 In this context, Ronald Dworkin’s idea of ‘law as integrity’ is appealing as a comparator and framework for analysis because it contains a concept of an integrated rule of law, reflecting the operation of a legal system. 2 It implies the existence of a morally coherent legal system which emphasizes the rights of individuals.
The combination of these arguments provides a better picture of how legal systems operate, and how national responses to issues about refugees and asylum seekers might be shaped. Part one: contested meanings, overlapping consensus4 on the rule of law The ‘Rule of Law’ is a phrase redolent with meaning and significance for lawyers and political scientists alike. 6 It is precisely because of that scepticism and the need to understand the meaning of the rule of law, because of the significant consequences that it has for asylum seekers and refugees, that we embark upon this route.
38 refugees, asylum seekers and the rule of law This last point is an essential one. The ideal of the rule of law is a dynamic one that has responded to and been shaped by particular political and constitutional events. For example, when Dicey wrote, he was responding in part to the imminent rise of the administrative state and to the defects that he saw in the French system of separate administrative courts. Before Dicey’s time, the idea of the rule of law was debated by political philosophers as the framework of our modern constitution took shape and the powers of the King developed into a concept of state.