Abstract
This article examines the constitutional validity of s 5(1) of the Migration Act 1958 (Cth), which includes prisons and remand centres as facilities for immigration detention. It argues that this statutory definition is arguably unconstitutional because it conflates the non-punitive purpose of immigration detention with the inherently punitive nature of imprisonment. The article further explores the High Court’s jurisprudence on the matter, the principles of punitive and non-punitive detention, and the implications for the rule of law and individual rights.
| Original language | English |
|---|---|
| Pages (from-to) | 89-103 |
| Number of pages | 15 |
| Journal | Griffith Law Review |
| Volume | 33 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - 2024 |
Bibliographical note
Publisher Copyright:© 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
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UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 10 Reduced Inequalities -
SDG 16 Peace, Justice and Strong Institutions
Keywords
- Australian migration law
- Immigration detention
- rule of law
- separation of powers
- unconstitutional
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