Courts are influential actors during the implementation of immigration policies in liberal democracies. The “liberal paradox” thesis stipulates that courts are driven by logics that hamper restrictionist immigration policies. This study contributes to this theory by exploring the norm construction of impartiality among judicial workers in Swedish migration courts when deciding asylum appeals. Its findings contradict the liberal paradox assumption that courts act according to inner logics that benefit immigrants’ rights. At Sweden’s migration courts, judicial workers show impartiality by using a skeptical approach to asylum applicants and do so to distance themselves from the political discourse of generosity that has dominated Swedish political debate for decades. The broader implications of these findings are that immigration policy theories can benefit from qualitative research exploring informal norm constructions in courts, as such work can offer new insights about the role of courts in the implementation of immigration policies.
In this paper, we explore the assumption that blame-attribution can be an effective rhetorical strategy for non-elite interest groups who want power holders to be attentive to their demands. Through a qualitative analysis of two pro-migrant campaigns led by grassroot activists in Sweden, one taking place in 2005 and the other in 2017, we offer a nuanced empirical examination of non-elite initiated blame-games. We show how perceived responsibility influences these blame-games, and explore which policy consequences might emanate from them. We demonstrate that blame-making, under certain conditions, can be a successful strategy to gain policy influence, but that this strategy is conditioned by the complexity and transparency of the institutional arrangements of accountability within the policy sector. The focus on non-elite blame-making in order to change policies enables us to contribute to the theoretical discussion on the relationship between anticipatory and reactive forms of blame-avoidance behaviours, and to discuss the democratic implications of blame-games in both shorter and longer time perspectives. One implication of this study is that successful non-elite blame-making at one point in time actually can lower the chances of successful blame-making in the future.
In the Multiple Streams Framework (MSF), policy entrepreneurs are primarily defined by their ability to promote and seek support for policy solutions. Recent research, however, points to the importance of policy entrepreneurs as "arena shapers" who attempt to create favorable conditions for their solutions in conflictual policy settings. In this paper, we seek to incorporate such strategies into the MSF by drawing on the organizational foundations of the original garbage can model. The main question is what role do policy entrepreneurs play in "organizing out" opposition from pre-decision processes, as a way of advancing contested policy solutions. We answer this question in a case study of a controversial hospital "mega-project" in Stockholm healthcare that shows how a small but influential team of entrepreneurs used the project as an opportunity for policy change. The study helps to identify three different organizational strategies: 1) regulating participation in order to neutralize opponents: 2) specializing attention to limit the "searchlight" and 3) sequential attention in order to reduce complexity and build commitment. While effective for advancing solutions in the face of conflict and entrenched positions, organizational strategies also have important democratic implications for the legitimacy of pre-decision processes and the prospects for broad deliberation.
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