Deportation and the liberal-democratic paradox: Margins of discretion in decisions to expel reflected asylum seekers
DOI:
https://doi.org/10.15203/ozp.162.vol43iss2Keywords:
expulsion, deportation, asylum procedures, liberal-democratic paradoxon, right to private and family life, discretionAbstract
Deportations as well as the preceding expulsion procedures take place within the so called liberal-democratic paradox, which refers to the tension between national interests and universal human rights. The article addresses this tension by empirically studying the weighing of public interests against the right to private and family life in 58 expulsion orders issued between 2011 and 2013. The study shows that, in the analyzed decisions, significant margins of discretion arise from these two undefined law concepts and that authorities tend to prioritize national interests over human rights. Finally, the article illustrates how the liberal-democratic paradox is being dissolved in praxis by the specific practices of bureaucrats and judges.
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