Enacting Immigration Politics in a Juridical Register

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Serval ID
serval:BIB_987C762F83F7
Type
A part of a book
Collection
Publications
Title
Enacting Immigration Politics in a Juridical Register
Title of the book
Research Handbook on Modern Legal Realism
Author(s)
Kawar Leila, Miaz Jonathan
Publisher
Edward Elgar, Research Handbook in Legal Theory
Address of publication
Northampton
ISBN
9781788117760
Publication state
Published
Issued date
22/03/2021
Editor
Klug Heinz, Mertz Elizabeth, Talesh Shauhin
Series
Research handbooks in legal theory series
Chapter
11
Pages
161-175
Language
english
Abstract
Law and politics are inextricably entangled in the immigration policymaking domain, as a range of actors mobilize and respond to judicial engagements with immigration and asylum questions. Leveraging a comparative analysis of three national case studies, we examine the differing registers through which judicialized immigration politics has been enacted in the United States, France, and Switzerland. Our empirical analysis of participants’ shared understandings of what is happening when immigration policy is judicialized lifts up the shared repertoires that emerge from routinized interactions between repeat players in this field. In the United States, we find that the judicialization of immigration policy centers on open confrontation between litigators and administrators. In the French context, by contrast, the judicialization of immigration politics is performed in the register of instruction and collective adherence to legal formalism. Finally, in Switzerland, the judicialization of asylum policy consists of the massive individual appeals against administrative decisions and centers on competing assertions of expertise, particularly over country conditions information. This comparative analysis, drawing on a relational and pragmatist methodology, reveals that the register through which judicialized immigration politics is enacted varies substantially across national contexts and also demonstrates the extent to which these distinct registers are self-reinforcing.
Keywords
Immigration Politics, Judicialization, Legal Mobilizations, USA, France, Switzerland
Create date
19/09/2019 11:48
Last modification date
24/03/2021 14:10
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