Refugees, Democracy and the Law: Political Rights at the Margins of the State

Author:   Dana Schmalz
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367461676


Pages:   184
Publication Date:   09 September 2020
Format:   Hardback
Availability:   In Print   Availability explained
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Refugees, Democracy and the Law: Political Rights at the Margins of the State


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Overview

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee’s situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

Full Product Details

Author:   Dana Schmalz
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.408kg
ISBN:  

9780367461676


ISBN 10:   0367461676
Pages:   184
Publication Date:   09 September 2020
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

I. The refugee; Chapter 1 Who is a refugee?; Chapter 2 Who decides who is a refugee?; II. Democracy’s edges; Chapter 3 Citizenship and the claiming of rights; Chapter 4 Democracy between the need for institutions and demands of inclusion; III. The legal conditions of refugees’ political voice; Chapter 5 Institutions of refugees’ political participation; Chapter 6 The role of associative rights for refugees’ political voice; Chapter 7 Humanitarian government and the political membership of refugees; Chapter 8 Representation of refugees in international forums;

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Author Information

Dana Schmalz is a scholar of international law and legal philosophy. She is a postdoctoral fellow of the Alexander von Humboldt Foundation and a visiting scholar at Columbia Law School, New York.

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