Administrative Law in Action: Immigration Administration

ISBN-13: 9781509953110 / Angielski / Twarda / 2022 / 336 str.

UK) Robert Thomas (University of Manchester

Opis

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.

Spis treści

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 Simplification VI. 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 Appeals IV. 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 3 IV. 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