Satvinder Juss
Biographic Data
| ID | 5578717 |
|---|---|
| NAME | Satvinder Juss |
| GIVEN NAMES | Satvinder |
| FAMILY NAME | Juss |
| SIGNATURE | JUSS S |
| AFFILIATIONS | King's College London |
| VERIFIED | No |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 2 |
The Justiciability of Religion
In Shergill & Others v. Khaira & Others [2014] UKSC 33, the UK courts considered whether a Sikh holy saint had the power to dismiss trustees who questioned his “succession” to the religious institution of the Nirmal Kutia Johal . The Supreme Court, reversing the decision of the Court of Appeal that religious questions were “nonjusticiable,” reinstated the judgment at first instance of the High Court to the contrary. The decision of the Supreme Co…
Detention and Delusion in Australia’s Kafkaesque Refugee Law
Under international refugee law, there is provision for a State to deny protection to persons who might otherwise qualify for refugee status where their actions render them unworthy of it. In Australia an "adverse security assessment" under the 1979 Australian Security and Intelligence Organisation allows the State to take "prescribed administrative action" against a person in order to satisfy the "requirements of security" so as to include indef…
Towards a Refugee Oriented Right of Asylum
A decade ago world leaders at the 2005 UN World Summit endorsed the idea of ‘Responsibility to Protect’ as a restraint on state sovereignty. This was intended to curb a country’s tendency to mistreat its citizens. A state’s sovereignty was thus declared to be inseparable from its ‘responsibility to protect’ those on its territory. Sovereignty was not merely a form of control. There was a duty to protect those over whom sovereignty was exercised. …
Human Rights and Refugee Law (2 volume set)
This impressive compilation is part of Elgar’s Research Collection on Human Rights Law. It is the seventh instalment in the series of single volume anthologies dedicated to cutting edge human rights issues. Why two volumes here? Hathaway tells us why. Volume I addresses three basic questions: (1) why protect refugees? (2) who qualifies as a refugee? and (3) how have the structures of refugee protection been operationalized? The second volume is n…
Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress
Journal Article Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress Get access Satvinder S. Juss Satvinder S. Juss * * Professor of Law at King’s College London, University of London; PhD (Cambridge University) FRSA; Barrister-at-Law of Gray’s Inn; Sometime Fellow of Emmanuel College Cambridge, Formerly Visiting Professor of Law and Visiting Distinguished Scholar in Residence, Indiana University - Bloomington (1998); Hu…
The Notion of Complicity in UK Refugee Law
In recent years, UK case law has analysed the arrival of new terms in refugee law, which determine a person's complicity in the commission of a crime falling under the exclusion clauses of the Convention Relating to the Status of Refugees. These terms have included concepts of 'individual responsibility', 'individually responsible for the crime', and 'otherwise participate in the commission of crimes', which are drawn from international criminal …
Contemporary Issues in Refugee Law
Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the ‘Arab Awakening’ gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours
Problematizing the Protection of 'War Refugees
Why has the plight of “war refugees” been problematized? The Handbook of the United Nations High Commissioner for Refugees describes them as “special cases”. Neither International Refugee Law nor International Humanitarian Law finds a happy home for them. Article 15(c) of the European Union Qualification Directive 2004/83/EC, denotes them in a way that one commentator has described as “nonsensical”. “War refugees” languish precisely when their nu…
Kirpans, Law, and Religious Symbols in Schools
“In Sikhism the Kirpan is an instrument of non-violence that should be used to prevent harm from being done to a defenceless person.”1 To what extent should the right to religious expression prevail over student safety concerns? The issue has arisen most dramatically in recent years with respect to Sikh students wanting to wear the kirpan in schools. It has arisen across the world in countries as diverse as Canada,2 the United States,3 Great Brit…
Complicity, Exclusion, and the "Unworthy" in Refugee Law
When is an applicant for refugee status “unworthy” of asylum? It used to be thought this question was tolerably clear. But in the current febrile atmosphere of post-9/11, where an avalanche of new international instruments have been drawn up in the “War on Terror” to tackle “terrorism”, it is anything but clear. Traditionally understood concepts of crimes against peace, war crimes, or crimes against humanity are also in a state of flux. The law i…
The Coming of Communitarian Rights
This article considers the limits of Western rights discourse in relation to the developing world, with a particular focus on Africa, and argues that the rights debate is ideologically driven, with its emphases on ‘first-generation’ civil and political rights. For the former European colonial territories, which comprise much of the developing world, it is the so-called ‘third-generation’ rights of communal solidarity and national development that…
Freedom of Conscience Rights
Freedom of Conscience Rights: Lessons for Great Britain Satvinder S. Juss Satvinder S. Juss Harkness fellow and Human Rights Fellow, visiting professor Harvard Law School, Boston; Indiana University School of Law, Bloomington Search for other works by this author on: Oxford Academic Google Scholar B.A., Ph.D., Cambridge University He is author of Immigration, Nationality and Citizenship, Discretion and Deviation in the Administration of Immigrati…
Somersett's Case , The Constitution and Common Law Rights
This article sets out to show that the popular view of the slave case of James Somersett as epitomising the common law's tenderness for individual liberty is mistaken, and through discussion of that case, this article seeks to shed light on the efficacy of the common law as a vehicle for the protection of pluralist individual rights in the modern world. The integrity of the common law is questioned when it gives primacy to economic rights. In thi…
The Never-Never Land of Immigration, Nationality, and Citizenship
Immigration, Nationality and Citizenship
Contemporary issues in British citizenship laws the growth of immigration controls in Britain Britain and the Commonwealth freedom of movement in Europe immigration control and the legal process - the administrative system and personnel, the immigraiton rules and their application
Medical Treatment — Pragmatism and the Search for Principle
Detention and Delusion in Australia’s Kafkaesque Refugee Law
Under international refugee law, there is provision for a State to deny protection to persons who might otherwise qualify for refugee status where their actions render them unworthy of it. In Australia an "adverse security assessment" under the 1979 Australian Security and Intelligence Organisation allows the State to take "prescribed administrative action" against a person in order to satisfy the "requirements of security" so as to include indef…
Freedom of Conscience Rights
Freedom of Conscience Rights: Lessons for Great Britain Satvinder S. Juss Satvinder S. Juss Harkness fellow and Human Rights Fellow, visiting professor Harvard Law School, Boston; Indiana University School of Law, Bloomington Search for other works by this author on: Oxford Academic Google Scholar B.A., Ph.D., Cambridge University He is author of Immigration, Nationality and Citizenship, Discretion and Deviation in the Administration of Immigrati…
Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress
Journal Article Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress Get access Satvinder S. Juss Satvinder S. Juss * * Professor of Law at King’s College London, University of London; PhD (Cambridge University) FRSA; Barrister-at-Law of Gray’s Inn; Sometime Fellow of Emmanuel College Cambridge, Formerly Visiting Professor of Law and Visiting Distinguished Scholar in Residence, Indiana University - Bloomington (1998); Hu…
The Notion of Complicity in UK Refugee Law
In recent years, UK case law has analysed the arrival of new terms in refugee law, which determine a person's complicity in the commission of a crime falling under the exclusion clauses of the Convention Relating to the Status of Refugees. These terms have included concepts of 'individual responsibility', 'individually responsible for the crime', and 'otherwise participate in the commission of crimes', which are drawn from international criminal …
Medical Treatment — Pragmatism and the Search for Principle
Immigration, Nationality and Citizenship
Contemporary issues in British citizenship laws the growth of immigration controls in Britain Britain and the Commonwealth freedom of movement in Europe immigration control and the legal process - the administrative system and personnel, the immigraiton rules and their application
Somersett's Case , The Constitution and Common Law Rights
This article sets out to show that the popular view of the slave case of James Somersett as epitomising the common law's tenderness for individual liberty is mistaken, and through discussion of that case, this article seeks to shed light on the efficacy of the common law as a vehicle for the protection of pluralist individual rights in the modern world. The integrity of the common law is questioned when it gives primacy to economic rights. In thi…
The Never-Never Land of Immigration, Nationality, and Citizenship
Freedom of Conscience Rights
Freedom of Conscience Rights: Lessons for Great Britain Satvinder S. Juss Satvinder S. Juss Harkness fellow and Human Rights Fellow, visiting professor Harvard Law School, Boston; Indiana University School of Law, Bloomington Search for other works by this author on: Oxford Academic Google Scholar B.A., Ph.D., Cambridge University He is author of Immigration, Nationality and Citizenship, Discretion and Deviation in the Administration of Immigrati…
The Coming of Communitarian Rights
This article considers the limits of Western rights discourse in relation to the developing world, with a particular focus on Africa, and argues that the rights debate is ideologically driven, with its emphases on ‘first-generation’ civil and political rights. For the former European colonial territories, which comprise much of the developing world, it is the so-called ‘third-generation’ rights of communal solidarity and national development that…
Complicity, Exclusion, and the "Unworthy" in Refugee Law
When is an applicant for refugee status “unworthy” of asylum? It used to be thought this question was tolerably clear. But in the current febrile atmosphere of post-9/11, where an avalanche of new international instruments have been drawn up in the “War on Terror” to tackle “terrorism”, it is anything but clear. Traditionally understood concepts of crimes against peace, war crimes, or crimes against humanity are also in a state of flux. The law i…
Contemporary Issues in Refugee Law
Refugee law is going through momentous times, as dictatorships tumble, revolutions simmer and the ‘Arab Awakening’ gives way to the spread of terror from Syria to the Sahel in Africa. This compilation of topical chapters, by some of the leading scholars in the field, covers major themes of rights, security, the UNHCR, international humanitarianism and state interests and sets out to map new contours
Problematizing the Protection of 'War Refugees
Why has the plight of “war refugees” been problematized? The Handbook of the United Nations High Commissioner for Refugees describes them as “special cases”. Neither International Refugee Law nor International Humanitarian Law finds a happy home for them. Article 15(c) of the European Union Qualification Directive 2004/83/EC, denotes them in a way that one commentator has described as “nonsensical”. “War refugees” languish precisely when their nu…
Kirpans, Law, and Religious Symbols in Schools
“In Sikhism the Kirpan is an instrument of non-violence that should be used to prevent harm from being done to a defenceless person.”1 To what extent should the right to religious expression prevail over student safety concerns? The issue has arisen most dramatically in recent years with respect to Sikh students wanting to wear the kirpan in schools. It has arisen across the world in countries as diverse as Canada,2 the United States,3 Great Brit…
The Notion of Complicity in UK Refugee Law
In recent years, UK case law has analysed the arrival of new terms in refugee law, which determine a person's complicity in the commission of a crime falling under the exclusion clauses of the Convention Relating to the Status of Refugees. These terms have included concepts of 'individual responsibility', 'individually responsible for the crime', and 'otherwise participate in the commission of crimes', which are drawn from international criminal …
Human Rights and Refugee Law (2 volume set)
This impressive compilation is part of Elgar’s Research Collection on Human Rights Law. It is the seventh instalment in the series of single volume anthologies dedicated to cutting edge human rights issues. Why two volumes here? Hathaway tells us why. Volume I addresses three basic questions: (1) why protect refugees? (2) who qualifies as a refugee? and (3) how have the structures of refugee protection been operationalized? The second volume is n…
Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress
Journal Article Recognizing Refugee Status for Victims of Trafficking and the Myth of Progress Get access Satvinder S. Juss Satvinder S. Juss * * Professor of Law at King’s College London, University of London; PhD (Cambridge University) FRSA; Barrister-at-Law of Gray’s Inn; Sometime Fellow of Emmanuel College Cambridge, Formerly Visiting Professor of Law and Visiting Distinguished Scholar in Residence, Indiana University - Bloomington (1998); Hu…
Towards a Refugee Oriented Right of Asylum
A decade ago world leaders at the 2005 UN World Summit endorsed the idea of ‘Responsibility to Protect’ as a restraint on state sovereignty. This was intended to curb a country’s tendency to mistreat its citizens. A state’s sovereignty was thus declared to be inseparable from its ‘responsibility to protect’ those on its territory. Sovereignty was not merely a form of control. There was a duty to protect those over whom sovereignty was exercised. …
The Justiciability of Religion
In Shergill & Others v. Khaira & Others [2014] UKSC 33, the UK courts considered whether a Sikh holy saint had the power to dismiss trustees who questioned his “succession” to the religious institution of the Nirmal Kutia Johal . The Supreme Court, reversing the decision of the Court of Appeal that religious questions were “nonjusticiable,” reinstated the judgment at first instance of the High Court to the contrary. The decision of the Supreme Co…
Detention and Delusion in Australia’s Kafkaesque Refugee Law
Under international refugee law, there is provision for a State to deny protection to persons who might otherwise qualify for refugee status where their actions render them unworthy of it. In Australia an "adverse security assessment" under the 1979 Australian Security and Intelligence Organisation allows the State to take "prescribed administrative action" against a person in order to satisfy the "requirements of security" so as to include indef…
Political science (16 works) · Sociology (14 works) · Law (10 works) · Law (10 works) · Refugee (9 works) · Human rights (6 works) · Migration, Refugees, and Integration (6 works) · Refugee law (6 works) · International Law and Human Rights (5 works) · Politics (5 works)