Deconstructing Habeas Corpus: A tale of sovereignty, governance and the non-citizen subject.
Published: 2006
Language: eng
Number of pages: 61
ISBN-13: 9780494212080
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; United States.; Habeas corpus -- United States.; Deportation -- United States.; Aliens -- United States.
Description: This thesis takes as its starting point the enactment of the 2005 REAL ID Act in the United States. It explores the theoretical implications of its foreclosure of habeas corpus to non-citizen subjects challenging their removal from the United States. The thesis initially theorizes the curtailment of habeas corpus as a legal measure deployed to manage the perception of crisis. In order to justify and sustain this legal maneuver, the State manufactures a social narrative, depicting the alien subject as a threat to the administration of law, as well as to the safety of the dominant population. The thesis then posits that by excluding a subpopulation from the field of habeas corpus, the State metaphorically re-conceptualizes its sovereign boundaries around access to an adjudicative site. In doing so, the adjustments to habeas jurisdiction purportedly operate to exclude a subpopulation; manage crisis; construct a desired order, and correct the biopolitical governance of the population.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1277.

Thesis (LL.M.)--University of Toronto, 2006.

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