Rule of Law and Due Process Guarantees

TY - CHAP

T1 - Rule of Law and Due Process Guarantees

AU - Vedsted-Hansen, Jens

PY - 2025/7/22

Y1 - 2025/7/22

N2 - As a core feature of the rule of law, due process guarantees have evolved through interaction between international and domestic legal norms and their interpretation and application to individual cases concerning various forms of migration. The entry focuses on the main standards of due process, in particular the right to an effective domestic remedy, suspensive effect of appeals, and the prohibition of collective expulsion. In addition, it presents the due process guarantees that are inherent in substantive human rights norms of particular relevance in the context of migration, the prohibition of refoulement, and the protection against discrimination in conjunction with the right to respect for private life.

AB - As a core feature of the rule of law, due process guarantees have evolved through interaction between international and domestic legal norms and their interpretation and application to individual cases concerning various forms of migration. The entry focuses on the main standards of due process, in particular the right to an effective domestic remedy, suspensive effect of appeals, and the prohibition of collective expulsion. In addition, it presents the due process guarantees that are inherent in substantive human rights norms of particular relevance in the context of migration, the prohibition of refoulement, and the protection against discrimination in conjunction with the right to respect for private life.

U2 - 10.4337/9781802204155.00093

DO - 10.4337/9781802204155.00093

M3 - Book chapter

SN - 978 1 80220 414 8

SP - 508

EP - 512

BT - Elgar Concise Encyclopedia of Migration and Asylum Law

A2 - Chetail, Vincent

PB - Edward Elgar Publishing

CY - Cheltenham, UK

ER -