It said the state must make sure its judicial system had speedy hearings to review whether detentions were lawful.

BBC: Rapist Samuel Betteridge wins damages from government

Mr Lewis told the BBC that he "was sure" lawyers would be looking at whether the proposals were lawful, but added that "these are early days".

BBC: Osborne stands alone as EU backs bonus cap

On Monday afternoon, the court extended the injunction until later this month, when a full hearing will decide whether the Malaysian Solution is lawful or not.

BBC: Australia fails to find an asylum solution

Specifically, the issue is whether Congress can invoke its Commerce Clause power to compel individuals to buy insurance as a condition of lawful citizenship or residency.

FORBES: Middle District of Pennsylvania Rules Three Obamacare Provisions Unconstitutional