Partialism, Executive Control, and the Deportation of Permanent Residents from Australia

Bibliography File Note.

Type
Journal Article

Author
Amy Nethery

URL
http://ift.tt/1PxtOeX

Rights
Copyright © 2012 John Wiley & Sons, Ltd.

Volume
18

Issue
6

Pages
729-740

Publication
Population, Space and Place

ISSN
1544-8452

Date
November 1, 2012

Journal Abbr
Popul. Space Place

DOI
10.1002/psp.1724

Accessed
2016-06-17 06:03:08

Library Catalog
Wiley Online Library

Language
en

Abstract
Many migration policies in Western democracies can be categorised as what Matthew J. Gibney calls a ‘partialist’ approach to migration. Drawing from communitarian, conservative, and constitutionalist realist political theories, a partialist approach prioritises the interests and values of citizens and the community over the needs of non-citizens. Stepping outside the normative debate, this paper examines the political implications of a partialist approach to migration policies. The paper argues that it is possible for such policies to be inconsistent with liberal democratic processes of government. Specifically, there is a risk that partialist ideas can be used to justify policies that set aside legal and administrative checks and balances in favour of executive control over migration policies. This is evident in the Australian policy of deportation of long-term permanent residents on character grounds. The paper argues that partialist ideas have been used to justify a high level of executive control over deportations. Executive control is achieved in three ways: broad powers of ministerial discretion; a mechanical bureaucracy, and the use of immigration detention. The cumulative effect means that deportation policy is implemented without the checks and balances fundamental to ensuring limits to executive power. Copyright © 2012 John Wiley & Sons, Ltd.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s