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Essential reading for legal practitioners in the area of citizen law, migration law, constitutional and administrative law, and for migration agents.
This conference proceedings provides the papers presented at the This conference proceedings provides the papers presented at the OECD/European Commission joint seminar on Naturalisation and the Socio-Economic Integration of Immigrants and their Children held in October 2010 in Brussels.
A contribution to the ongoing discussion of Australian citizenship. The articles reveal the complexity of Australian legislation as it has tried, over the years, to accommodate changing ideas about exactly what citizenship entails, and who is, or is not, eligible for it.
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Immigration control or determining which non-citizens should enter and remain in Australia and irregular migration, both in the forms of persons who remain in breach of their visa conditions and asylum seekers and refugees who are able to assert rights to protection under international law, pose great challenges. This book covers all aspects of the Australian law including history, international law, comparative law, family reunion schemes, permanent and temporary labour migration, tourists and students, refugee and humanitarian programs, unlawful status, deportations and Immigration Appeals – Merits Review and Judicial Review.
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Details the reforms essential to successfully absorb a diverse migrant population and provides the historical context for current debates on these topics.
Leading commentators from a range of disciplines consider the history and future of indigenous rights.
Every Assistance and Protection is the first book presenting an in-depth history of the Australian passport. In charting the development of the passport from its early beginnings to its present form, the book traverses changes in government policy and social history from the early 19th century to the modern era. It shows how the Australian passport evolved from a signifier of British nationality into a badge of membership of one of the most multicultural countries in the world. The book explores the landmark events in this history:the great 19th century diasporas, resulting from relaxation of official controls on the movement of people; the early passport regime regulating the movement of "ticket-of-leave" convicts; the establishment of the centralised passport system during World War I; the enactment of the first passport legislation for the Commonwealth, The Passports Act 1920, and the reaction of some Australians who felt the new law infringed the liberties of the British subject; changes to the laws in 1938 such that possession of a passport was no longer mandatory for an Australian to travel, though still a practical necessity; the use of the government's discretionary power to cancel or withhold passports to inhibit the movement of individual communists; the establishment of Australian citizenship in 1948 - the basis for possession of an Australian passport; the removal of the word "British" from the cover in 1967; the effects of globalisation and heightened security in the late 20th and early 21st century. It also touches on the lives of individuals: boxer Les Darcy, journalist Wilfred Burchett, and General Sir Thomas Blamey, are among the many Australians featuring in these pages. The book is based on an exhaustive examination of hitherto unexamined primary sources of many government departments, including the Departments of External Affairs, the Prime Minister's, the Attorney-General's, Defence, Home and Territories, Immigration and Foreign Affairs. Sponsored by Department of Foreign Affairs and Trade
This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.