Guild Elspeth

This author's articles

• Citizens and Governance in a knowledge based society

  2 March 2005
  This work package has as its objective to examine the law of citizenship and governance from the perspective of civil liberties and security. It engages the question of legal mechanisms of constitutionalism which set the boundaries of citizen and foreigner. Central to this analysis are the issues of separation of status in criminal law, legal structures of separation, social protection as a form of separation and the internal external dimensions of civil liberties.

• Constitutional Crisis in the UK over Detention of Foreigners

  21 December 2004
  An immigration law ruling by the House of Lords on Thursday, 16 December 2004, has sparked a rather intense constitutional debate in the UK regarding the duty of the Government to respect human rights as interpreted by the courts. Here is a summary of the main issues and decision.

• The role of the judiciary and of the courts in time of emergency measures enacted by the governments and the role of the Constitution

  7 December 2004
  Elspeth Guild centered her presentation on the rule of law and its effectiveness in the time of emergency. She addressed which are the borders of the rule of law, which are its exceptions and against whom this power of exception should be exercised. She also highlighted the resistances to the state of emergency coming from the Constitution’s settlement.

• Securitization, Liberty, Law

  30 November 2004
  This work package has as its objective to examine the law of citizenship and governance from the perspective of civil liberties and security. It will engage the question of legal mechanisms of constitutionalism which set the boundaries of citizen and foreigner. Central to this analysis will be the issues of separation of status in criminal law, legal structures of separation, social protection as a form of separation and the internal external dimensions of civil liberties. It will be undertaken in four parts.

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