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Law-making to Face the Migration Crisis: Developing Legislative Policy (Analysing the Swedish Case)
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0001-9002-4361
2021 (English)In: Are Human Rights Compatible with Nationalism? / [ed] Tetsu Sakurai; Mauro Zamboni, London: Routledge, 2021, p. 32-74Chapter in book (Refereed)
Abstract [en]

Focusing on the Swedish legislative example, this chapter suggests the necessity of choosing the appropriate model of legislative policy when facing crisis periods in migration fluxes. In particular, the Swedish case has put under the spotlight the fact that, when choosing a certain legislative policy concerning migration, less attention and power should be provided to actors who tend to operate according to ‘inward’ oriented parameters. These are actors who are exclusively attentive to the legal discourse of the recipients of national community (as the public agencies), or actors who act for reasons of political discourse (as the legislative bodies), or for reasons of institutional culture (as the administrative apparatus). The major consideration when choosing a legislative policy regulating migration should instead be paid to the fact that this phenomenon ‘naturally’ brings with it references to the outside world and therefore references to highly variable and exogenous factors. Actors such as judicial bodies are institutionally and structurally more capable, at least in comparison with political and administrative bodies, of confronting these changes in triggering conditions and of implementing them into the national community via new regulatory measures.

Place, publisher, year, edition, pages
London: Routledge, 2021. p. 32-74
National Category
Law
Identifiers
URN: urn:nbn:se:su:diva-190970DOI: 10.4324/9781003102717-7Scopus ID: 2-s2.0-85156218443ISBN: 9780367609658 (print)OAI: oai:DiVA.org:su-190970DiVA, id: diva2:1534874
Available from: 2021-03-05 Created: 2021-03-05 Last updated: 2024-10-15Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
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  • de-DE
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  • nn-NB
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  • Other locale
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Output format
  • html
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  • asciidoc
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