Research and publications
Permanent URI for this collection
Collection consists of research, scholarship and publications by faculty and graduate students affiliated with the School of Public Policy and Administration.
Browse
Browsing Research and publications by Subject "Research Subject Categories::LAW/JURISPRUDENCE"
Now showing 1 - 3 of 3
Results Per Page
Sort Options
Item Open Access Extending Hospitality? History, Courts and the Executive(Studies in Law, Politics and Society, 2013) Soennecken, DagmarWhile many consider court involvement in immigration matters a given, in liberal nation-states, there is actually a substantial degree of variation. This chapter revisits two “critical junctures” in the early immigration histories of Canada and Germany to show that institutions and policy legacies are not just historical backdrop, but actually shaped the strategies of political actors, subsequent institutional configurations, and policy options for long periods of time, thereby revealing unintended consequences, as well as alternative paths that the involvement of the courts (and other actors) could have taken.Item Open Access The Managerialization of Refugee Determinations in Canada(Droit et Société, 2013) Soennecken, DagmarAlthough refugees are protected by a myriad of legal norms, this article shows that the domestic process of determining who is awarded this status has become more and more managerialized, even in a country like Canada, which has generally been considered a leader among refugee-receiving countries. This privileging of efficiency-based standards has gradually sidelined an earlier push to judicialize refugee determination procedures to the extent that access to the courts for refugees more generally is now considered problematic and ultimately suspect. The article uses historic institutional tools to highlight the critical role that the external, political environment has played in gradually managerializing refugee determination procedures.Item Open Access The Paradox of Docket Control: Empowering Judges, Frustrating Refugees(Law & Policy, 2016-10) Soennecken, DagmarThis article focuses on the gradual expansion of docket control mechanisms in refugee (or asylum) law proceedings in Germany. It shows that granting judges more and more control over their asylum dockets was a central policy tool repeatedly employed by German politicians over the decades in the hope that it would stem the flow of refugees into the courts and ultimately make it easier (and faster) to deport failed claimants. Politicians were much more willing to limit access to asylum appeals than to appeals in general administrative law, illustrating how the pressure to come up with solutions for the flood of asylum applications overcame established norms for maintaining equal access to the courts for all claimants. Surprisingly, the Constitutional Court remained largely unaffected by these efforts except for a paradigm shift that occurred with the amendment of the constitutional asylum provision in 1993.