Rule of Law and Due Process Guarantees

Jens Vedsted-Hansen

Chapter 87 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 508-512 from Edward Elgar Publishing

Abstract: 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.

Keywords: Effective remedy; Suspensive effect; Collective expulsion; Prohibition of refoulement; Non-discrimination; Racial profiling; Respect for private life (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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