We have already seen what the necessary assumptions are for transformative accommodation to work and what the principles are by which it works. In this section we will discuss examples in three different social arenas where the principles introduced above will lead to (or have led to) a progressive transformation of the state and/or the nomoi group involved. The discussion will illustrate how this variant of joint governance can be applied in different social arenas which have become highly contested in the multicultural state, such as immigration, education, and criminal justice.

IMMIGRATION LAW

In immigration law, a basic division is made between the activities of “admission” and “selection.” Admission refers to the rules shaping the overall immigration policy of a given state in determining how many people can be admitted to a given country in a given year, and based on what considerations (family re-unification, humanitarian grounds, professional qualifications, etc.). Admission criteria also set the procedures to be followed, in order for someone outside the polity to apply for immigration status in it. Selection, meanwhile, is a complementary authority. It involves the administrative activity of selecting who will actually enter a given country as an immigrant within a given annual quota from a pool of applicants who must also fulfil the admission threshold. Each legal immigrant entering a country must have both qualified for admission, and been selected to enter the host country by an official of that country's immigration authorities.