Sasha Baglay

Delphine Nakache

The book examines the phenomenon of immigration federalism: its main characteristics, why and how it has developed, its implications for immigration systems (in general) and non-citizens’ rights (in particular). The book introduces the reader to theoretical perspectives on immigration federalism through three sets of literature – federalism, governance and non-citizens’ rights – that provide a necessary framework for understanding immigration federalism’s multiple facets and impacts. It also offers an analysis of immigration federalism through case studies of six jurisdictions: Australia, Canada, Germany, Switzerland, the EU and the US. Despite increased sub-national activity in immigration regulation in several federal states, very little research has been dedicated so far to comparing how federal states deal with immigration federalism. Comparative studies on the human rights implications of immigration federalism have received even less attention. This book seeks to fill the gap in this area and is an important contribution to the field, providing the reader with a better understanding of the complex issues surrounding immigration federalism and its impact on non-citizens.

Challenges and Responses in Comparative Perspective

Immigration Regulation in Federal States

Laverne Jacobs

‘Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Sasha Baglay

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