Chapitre 9 / La judiciarisation de l'action publique

Enacting immigration politics in a juridical register

“…The analysis in this chapter provides empirical support for recent calls to move beyond a judicialization framework wedded to interbranch conflict in order to embrace the hetero-32 Like Damian Rosset and Tone Liodden underlines it well, this suggests that country of origin information (COI) "may function as a potential means of deterrence and that the boundaries between COI and policy goals blur easily, such that the production of knowledge becomes a site of politicalnegociation" (Rosset and Liodden 2015, 26). geneous and varied set of actors who may mobilize legal repertoires or have recourse to the judicial arena (Dumoulin and Roussel 2010). We build upon this framework by highlighting not only the shared repertoires of argumentation associated with judicialized politics but also less-intellectualized performative repertoires set in motion by judicial engagements.…”

Whistleblowers or Offenders? A Judicial Approach to Whistleblowing – The LuxLeaks Case

“…The sociology of law is concerned with social regulation and, more specifically, with the place that legal norms occupy in the set of norms governing social activities (Delpeuch et al, 2014). The judicialisation of society forms part of this context (Chevallier, 2014;Commaille & Dumoulin, 2009;Delpeuch et al, 2014;Dumoulin & Roussel, 2010), considered here as the rise in power of judges as regulators, particularly when the law is absent or ambiguous.…”

“…This meaning has been extended in Europe to refer to the same phenomenon but concerning supranational jurisdictions such as the European Court of Human Rights (ECHR). In the literature on the sociology of law, these meanings are shifting to also apply to the domestic judiciary (Commaille & Dumoulin, 2009;Delpeuch et al, 2014;Dumoulin & Roussel, 2010). Judicialisation is thus understood in the sense of increasing the role of the judge in social regulation.…”

“…The use of ECHR case law by the appeal judges illustrates the phenomenon of judicialisation as it represents an increased judges' power. The appeal judges' reference to European case law illustrates a primary aspect of judicialisation: the intervention of supreme (international) courts in domestic courts (Commaille & Dumoulin, 2009;Delpeuch et al, 2014;Dumoulin & Roussel, 2010). In their search for a legal whistleblowing framework that was lacking at a national level in Luxembourg, the judges used a normative framework adopted by the supranational jurisdiction of the ECHR and thus established its authority.…”

“…More specifically, we aim to highlight the judge's interpretative process and normative scope as a process external to the organisation. To do so, we draw on work in the sociology of law relating to judicialisation (Chevallier, 2014;Commaille & Dumoulin, 2009;Delpeuch et al, 2014 ;Dumoulin & Roussel, 2010). These works highlight the increase in the judge's power, which is essentially an interpretative power.…”