Edited by Gareth Davies and Matej Avbelj
Chapter 21: Legal pluralism in the European regulation of border control: disassembling, diffusing, and legalizing the power to exclude
This chapter looks at EU immigration law in order to make sense of the nature of political authority in contemporary Europe. It is argued that the transnational regulation of border control shows a diffuse picture of political authority: European integration in this area has led to the supranationalisation and ‘super-territorialisation’ of national executive discretion, coupled with the constitutionalisation or juridification of the exercise of migration control at the national level. Looking at EU migration law through the lens of legal pluralism is interesting because it allows us to see how sovereign power is regularly and habitually enacted in a context where its very essence may be at stake, but in much more implicit and subtle ways than can be captured in the language of conflicting plausible claims to ultimate legal authority.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.