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Bureaucracy under judicial control? Relationship discretion in the implementation of immigration detention in Swiss States

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Abstract: Based on interviews with officials and judges in several Swiss States, this paper analyzes how officials decide to order immigration detention and how judicial review affects their decision. The author believes that the discretionary decision-making on immigration detention is composed of a network of relationships, in which the decision-makers are embedded and influenced by the practices of other street actors. Different state structures lead to different bureaucratic practices, affecting the situation and number of detainees. In particular, there are differences in judges interpretation of legal principles and their expectations, which seriously affects bureaucratic decision-making.

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