From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland
From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland
Author(s): Lucia Della TorreSubject(s): Politics / Political Sciences, Social Sciences, Economy, Law, Constitution, Jurisprudence, Geography, Regional studies, Human Rights and Humanitarian Law, Labor relations, Economic policy, Political economy, Politics and law, Migration Studies, Ethnic Minorities Studies, EU-Legislation
Published by: Transnational Press London
Keywords: Migration; immigration; migration law; UK; Switzerland; migration policy;
Summary/Abstract: Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally, quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.
Journal: Border Crossing
- Issue Year: 6/2016
- Issue No: 2
- Page Range: 118-135
- Page Count: 18
- Language: English