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- PublicationAccès libreBureaucracies Under Judicial Control? Relational Discretion in the Implementation of Immigration Detention in Swiss CantonsBased on interviews with bureaucrats and judges in several Swiss cantons, this article analyzes how bureaucrats decide to order immigration detention and how the judicial review shapes their decisions. The authors argue that discretionary decision-making regarding immigration detention is structured by the web of relationships in which decision-makers are embedded and affected by the practices of other street-level actors. The varying cantonal configurations result in heterogenous bureaucratic practices that affect the profiles and numbers of persons being detained. In particular, differences in judges’ interpretation of legal principles, as well as in their expectations, strongly affect bureaucratic decisions.
- PublicationAccès libreDetention Decisions: Implementation Rationales of the Bureaucratic Use of Immigration Detention in Swiss CantonsThis article analyzes the coexisting meanings, interpretations and functions underlying the varying uses of immigration detention in Swiss cantons. The authors argue that cantonal immigration bureaucracies decide on administrative detention according to different and intertwined implementation rationales, revealing varying functions and reasonings which shape its uses in practice. This highlights the significant variation in subnational policies and practices with regards to immigration detention within a single federal country, depending on these rationales and the cantonal contexts. The cantonal discretionary implementation of the same legal norms leads to various cantonal policies, resulting in different numbers and profiles of persons detained.
- PublicationAccès libre