Bureaucracies Under Judicial Control? Relational Discretion in the Implementation of Immigration Detention in Swiss Cantons

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Ressource 1Download: Miaz&Achermann-A&S_2021.pdf (169.00 [Ko])
State: Public
Version: Final published version
License: CC BY 4.0
Secondary document(s)
Download: Miaz&Achermann_A&S_2022.pdf (169.21 [Ko])
State: Public
Version: Final published version
License: Not specified
Serval ID
serval:BIB_F44306E051E6
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Bureaucracies Under Judicial Control? Relational Discretion in the Implementation of Immigration Detention in Swiss Cantons
Journal
Administration & Society
Author(s)
Miaz Jonathan, Achermann Christin
Publication state
Published
Issued date
2022
Peer-reviewed
Oui
Volume
54
Number
4
Pages
629-659
Language
english
Abstract
Based on interviews with bureaucrats and judges in several Swiss cantons, this article analyzes how bureaucrats decide to order immigration detention and how the judicial review shapes their decisions. The authors argue that discretionary decision-making regarding immigration detention is structured by the web of relationships in which decision-makers are embedded and affected by the practices of other street-level actors. The varying cantonal configurations result in heterogenous bureaucratic practices that affect the profiles and numbers of persons being detained. In particular, differences
in judges’ interpretation of legal principles, as well as in their expectations, strongly affect bureaucratic decisions.
Open Access
Yes
Create date
31/05/2021 14:57
Last modification date
21/11/2022 9:21
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