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Administrative Law in Action Immigration Administration

Thomas, Robert
Heftet / 2023 / Engelsk

Produktdetaljer

ISBN
9781509953158
Publisert
2023-06-15
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
384

Forfatter
Thomas, Robert

Biographical note

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

Administrative Law in Action Immigration Administration

Thomas, Robert
Heftet / 2023 / Engelsk
Thomas, Robert
Heftet / 2023 / Engelsk
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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.

- Ingrid Eagly, UCLA School of Law, adminlawblog

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!

Richard Rawlings, Professor of Public Law, University College London, UK

<p>An important and timely work which approaches administrative law and the study of<br />administration in a wider context.</p>

Journal of Immigration, Asylum and Nationality Law

Se alle

In a deeper top-down study of the immigration process, Robert Thomas adopts a holistic “law and administration” and “governmental” approach to the immigration process, ranging from policy-making to implementation and adjudication. It stands as a model for researchers in this field.

- Professor Carol Harlow, London School of Economics, UK, ‘Administrative justice in transit: time for new vistas’ in C Harlow (ed.), 'A Research Agenda for Administrative Law' (Cheltenham: Edward Elgar, 2023), p.141

<i>Administrative Law in Action</i> is an extensive and comprehensive study of the administrative systems and institutions involved in immigration control in the United Kingdom (UK) [...] It takes a thoroughly contextual approach, branching out from an exclusive focus on the principles and practice of judicial review to engage in a much wider study of institutions, policymaking, and practice: an extended and exclusive focus on doctrinal analysis this is not. Robert Thomas’s extensive experience and knowledge of the intersection of immigration and administrative law ‘in action’ is evident throughout, making this a rich and rewarding book.

- Helen Toner, Associate Professor at the University of Warwick, UK, International Journal of Refugee Law, Volume 35, Issue 2, 2023

Thomas’s good governance critique ultimately presses a question on ministers (and for broader debate), which dovetails with the wider border criminology literature: what is an immigration system, especially as a system of enforcement, actually for? What <i>should </i>it be for?

- Harry Annison, Professor of Criminal Justice at the University of Southampton, UK, The Howard Journal of Crime and Justice, April 2024

For anyone with an interest in immigration law, policy or administration, this book is an essential read. The quality of scholarship is formidable. The book is likely, one would predict, to have a long shelf life. It certainly deserves to become a landmark in the field.

- Simon Halliday, Professor Of Socio-Legal Studies at the University of York, UK, Socio & Legal Studies 2023, Vol. 32 (2)

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.
Les mer
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
Les mer
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.
Les mer
This 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. It considers the development of the hostile environment policy and the treatment of the Windrush generation
Les mer
Presents a detailed case study of the UK’s largest and most important administrative agencies: the immigration department

Relaterte produkter

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.

- Ingrid Eagly, UCLA School of Law, adminlawblog

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!

Richard Rawlings, Professor of Public Law, University College London, UK

<p>An important and timely work which approaches administrative law and the study of<br />administration in a wider context.</p>

Journal of Immigration, Asylum and Nationality Law

Se alle

In a deeper top-down study of the immigration process, Robert Thomas adopts a holistic “law and administration” and “governmental” approach to the immigration process, ranging from policy-making to implementation and adjudication. It stands as a model for researchers in this field.

- Professor Carol Harlow, London School of Economics, UK, ‘Administrative justice in transit: time for new vistas’ in C Harlow (ed.), 'A Research Agenda for Administrative Law' (Cheltenham: Edward Elgar, 2023), p.141

<i>Administrative Law in Action</i> is an extensive and comprehensive study of the administrative systems and institutions involved in immigration control in the United Kingdom (UK) [...] It takes a thoroughly contextual approach, branching out from an exclusive focus on the principles and practice of judicial review to engage in a much wider study of institutions, policymaking, and practice: an extended and exclusive focus on doctrinal analysis this is not. Robert Thomas’s extensive experience and knowledge of the intersection of immigration and administrative law ‘in action’ is evident throughout, making this a rich and rewarding book.

- Helen Toner, Associate Professor at the University of Warwick, UK, International Journal of Refugee Law, Volume 35, Issue 2, 2023

Thomas’s good governance critique ultimately presses a question on ministers (and for broader debate), which dovetails with the wider border criminology literature: what is an immigration system, especially as a system of enforcement, actually for? What <i>should </i>it be for?

- Harry Annison, Professor of Criminal Justice at the University of Southampton, UK, The Howard Journal of Crime and Justice, April 2024

For anyone with an interest in immigration law, policy or administration, this book is an essential read. The quality of scholarship is formidable. The book is likely, one would predict, to have a long shelf life. It certainly deserves to become a landmark in the field.

- Simon Halliday, Professor Of Socio-Legal Studies at the University of York, UK, Socio & Legal Studies 2023, Vol. 32 (2)

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.
Les mer
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
Les mer
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.
Les mer
This 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. It considers the development of the hostile environment policy and the treatment of the Windrush generation
Les mer
Presents a detailed case study of the UK’s largest and most important administrative agencies: the immigration department

Produktdetaljer

ISBN
9781509953158
Publisert
2023-06-15
Utgiver
Vendor
Hart Publishing
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
384

Forfatter
Thomas, Robert

Biographical note

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

Relaterte produkter