Présentation de l’éditeur

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.

Sommaire

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