Deportation and Detention of Aliens between the 19th and 20th Century
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Abstract
The article analyzes the various arguments employed by the Italian, British and American legal doctrine of the late 19th-early 20th centuries to legitimize the right of States to deport unwelcomed aliens and establish special detention centers. The article outlines the tensions between constitutional guarantees, the creation of an administrative law of immigration and the individual rights of the migrants.
Keywords
- Deportation
- Administrative Detention
- Right of Residence
- Aliens Act 1905
- Habeas Corpus
- Rule of Law
- Art. 3 c.c. 1865
