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Administrative Law in Action: Immigration Administration

Autor Robert Thomas
en Limba Engleză Paperback – 14 iun 2023
This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.
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Specificații

ISBN-13: 9781509953158
ISBN-10: 1509953159
Pagini: 384
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.46 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Presents a detailed case study of the UK's largest and most important administrative agencies: the immigration department

Notă biografică

Robert Thomas is Professor of Public Law at the University of Manchester, UK.

Cuprins

1. Administration and Law I. Immigration Administration II. Models of Administrative Law III. Concepts and Ideas to Investigate Administration and Law IV. The Plan of the Book 2. The Immigration Department I. Constituting Administration II. The Development of the Immigration Department III. Getting under the Surface IV. Conclusion 3. Administrative Policy-making: The Hostile Environment Policy and Windrush I. Policy-making II. The Hostile Environment III. Windrush IV. Policy-making Failures V. After and Beyond Windrush VI. Conclusion 4. Administrative Rules and Guidance I. Immigration Rules II. Choice of Rule-type III. Guidance and Policies IV. Human Rights and Rules V. Complex Rules and SimplificationVI. Evaluating Rules VII. Conclusion 5. Caseworking I. Caseworking in General II. Processing Targets and Decision Quality III. Organising Caseworking IV. Styles of Immigration Rule-Application and Administrative Culture V. Internal Mechanisms to Enhance Decision Quality VI. Conclusion 6. Redress and Legal Challenges I. The Development of Immigration Administrative Law Remedies II. Administrative Review of Administrative Decisions III. Tribunal AppealsIV. Individual Judicial Reviews V. Responsible Administration: A Proactive Approach to Detecting Errors and Monitoring Administrative Action VI. Conclusion 7. Immigration Enforcement I. Immigration Enforcement and its Challenges II. Enforcement Options III. Enforcement Operations IV. Assessing Matters So Far V. Organising Enforcement Operations VI. Improving Enforcement Operations VII. Competent, Effective and Diverse Administration VIII. Conclusion 8. Judicial Review: Norms and Pragmatism I. Judicial Review and Administration II. Systemic Procedural Unfairness III. Principles of Legality 3IV. Conclusion 9. Bureaucratic Oppression I. Bureaucratic Oppression and Immigration Administration II. Tribunals and Courts III. Complaint-handling Systems IV. Independent Inspection and Monitoring V. Immigration Detention VI. The Hostile Environment VII. Ameliorating Bureaucratic Oppression VIII. Conclusion 10. Conclusion I. Administrative Capacity and Performance II. Institutional Design and Administrative Legitimacy III. Reforming Immigration Administration IV. Legal Control and Bureaucratic Oppression V. Studying Administration and Administrative Law

Recenzii

Essential reading for anyone interested in migration, immigration policy, and administrative law. Thomas' deep institutional knowledge and keen eye for bureaucratic structure paints a grizzly picture of the UK immigration department. At the same time, Thomas remains engaged and offers thoughtful recommendations on how the department might be reconstituted and rid itself of bureaucratic oppression.
Fresh, challenging and department-centred, this book is an important contribution to contemporary administrative law scholarship. Interweaving theory and principle with careful analysis of legal and administrative practice, Robert Thomas takes us on an eye-opening journey through the heavily contested field of immigration administration. Bravo!