Just another benefit? Administrative judges’ constructions of sameness and difference in asylum adjudications

Johannesson, Livia

doi:10.1080/13621025.2022.2137939

Cited by 3 publications

(3 citation statements)

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“…The special issue starts with an investigation of spaces that are quintessentially statist and legalistic: courtrooms. The first two articles, by Johannesson (2022) and Vetters (2022) respectively, focus on how procedural norms in asylum law are interpreted and enacted in courts when asylum seekers appeal unfavourable decisions handed down by the competent administrative authorities. Through ethnographic accounts, both authors reconstitute the court and formal status decisions as a site of struggles over citizenship and highlight the practical and procedural work that goes into (re)producing formal legal categories.…”

Section: Rethinking (Non)citizenship Through State-migrant Interactionsmentioning

confidence: 99%

“…Of the contributions presented here, Johannesson's (2022) is the most attentive to the concerns of the doctrinal systematization of procedural law. Yet her angle is ethnographic, and she seeks to investigate how judges concretely interpret the principle of equal treatment within the overall body of procedural law.…”

Section: Procedural Norms Procedural Practices and Perceptions Of Pro...mentioning

confidence: 99%

“…In 'Just Another Benefit? Administrative Judges' Constructions of Sameness and Difference in Asylum Adjudications', Livia Johannesson (2022) analyses the procedural consequences that flow from Swedish asylum judges' understanding of the principle of equality. In the second article, 'Making Sense of Noncitizens' Rights Claims in Asylum Appeal Hearings: Practices and Sentiments of Procedural Justice among German Administrative Judges', Larissa Vetters (2022) explores how procedural rules and practices affect legal categorizations and shines a light on important distinctions within the category of noncitizens.…”

Section: Introductionmentioning

confidence: 99%

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The making of procedural justice: enacting the state and (non)citizenship

Andreetta

Vetters

Yanaşmayan

2022

Citizenship Studies

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Recent advances in citizenship and migration studies have demonstrated the need to explore noncitizens' social, political and legal relationships to the state in their own right. Such a rethinking inevitably requires analysing how both 'citizenship' and 'the state' are enacted and performed in the negotiation of substantive rights. This special issue follows an unexplored path by scrutinizing these interactions between 'citizenship' and 'stateness' in the domain of procedural law, procedural safeguards, and perceptions of procedural justice among a variety of actors. The contributions explore empirically how procedural rules are invoked, altered, disregarded, or reinvented in different sites of interaction, ranging from asylum determination and adjudication to immigration and municipal registration offices. This interactionist approach not only recasts procedural rules as an integral part of citizenship struggles, thereby shedding light on the co-constitution of state and noncitizenship, but also stresses the importance of nuanced analyses of the nexus between procedural and substantive rights.

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Section: Rethinking (Non)citizenship Through State-migrant Interactionsmentioning

confidence: 99%

Section: Procedural Norms Procedural Practices and Perceptions Of Pro...mentioning

confidence: 99%