Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 14 - ‘Populism? It’s Administrative Law, Stupid!’

  • from Part III - Resilience at the National Level: Case Studies
  • Edited by Vladislava Stoyanova, Lunds Universitet, Sweden, Stijn Smet, Hasselt Universiteit, Belgium
  • Book:
    Migrants' Rights, Populism and Legal Resilience in Europe
    Published online:
    19 May 2022
    Print publication:
    02 June 2022, pp 355-376
    • Chapter
      • You have access
      • Open access
    • PDF
    • HTML
    • Export citation

  • Summary

    This chapter argues that an inability to provide for legal resilience against restrictive migration laws and policies should not be understood as ‘merely’ a failure of ECHR, EU and constitutional law. Instead, the problem runs much deeper than the country studies seem to suggest. It is claimed that the problem resides in the very legal infrastructure used to further policy goals aimed at limiting migration: administrative law. Administrative law is distinctively well-suited to produce restrictive migration laws, whether enacted by populist or mainstream parties. In an important sense, the three types of legal resilience identified in most country studies – judicial interventions by the ECtHR, CJEU and constitutional courts – signal and legitimize the lack of legal resilience within administrative law itself. Resilience against restrictive migration laws will remain marginal and incidental, the chapter concludes, as long as the legal profession fails to critically examine and challenge the basic features of the legal infrastructure underpinning migration policies: administrative law.