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The European Court of Human Rights between Law and Politics
For much of the twentieth century, Immigration and Naturalization Service (INS) officials recognized that the US-Mexico border region was different. Here, they confronted a set of political, social, and environmental obstacles that prevented them from replicating their achievements on Angel Island and Ellis Island, the most restrictive immigration stations in the nation. In response to these challenges, local INS officials resorted to the law, nullifying, modifying,and creating the nation's immigration laws and policies for the borderlands.In The INS on the Line, S. Deborah Kang traces the ways in which the INS on the US-Mexico border made and remade the nation's immigration laws over the course of the twentieth century. Through a nuanced examination of the agency's legal innovations in the Southwest, Kang demonstrates that the agency defined itself not only as a law enforcement unit but also as a lawmaking body. In this role, the INS responded to the interests of local residents, businesses, politicians, and socialorganizations on both sides of the US-Mexico border as well as policymakers in Washington, DC. Given the sheer variety of local and federal demands, local immigration officials constructed a complex approach to border control, an approach that closed the line in the name of nativism and national security, openedit for the benefit of transnational economic and social concerns, and redefined it as a vast legal jurisdiction for the policing of undocumented immigrants.The composite approach to border control developed by the INS continues to inform the daily operations of the nation's immigration agencies, American immigration law and policy, and conceptions of the US-Mexico border today.The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides fresh insights into theinstitutional crisis of the Court and the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, theEuropean system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of the Court'slife.

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