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Juridification, the transfer of power to courts and court-like actors, and the expansion of legal rules into new areas are central features of contemporary welfare governance. This development raises questions about how juridification processes influence the discretion of welfare professions and, by extension, their ability to provide welfare services of high quality. Moreover, how do courts use their powers? Do they defer to the expertise of the professions or not? This panel invites papers that study juridification (including judicial review, individual rights, and detailed rules) in different welfare sectors from the perspective of various actors such as courts, professions, politicians, bureaucrats, and citizens.
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How Legal Traditions Shape Bureaucratic Discretion: Administrative Judicial Review as an Arena for Agency Oversight or Policy Articulation in Canadian and Swedish Asylum Politics | View Paper Details |
Do Laws Themselves Explain the Extent of Public Authorities’ Legal Compliance? | View Paper Details |
The Paradox of Children's Participation in Child Protection: A Study of Juridification and Discretion in the Norwegian County Welfare Boards | View Paper Details |
The European Court of Human Rights and the Discretion of Street-Level Bureaucrats | View Paper Details |
Public Confidence in Courts and Judges Deciding in Child Protection Cases: A Cross-National Study of Public Support | View Paper Details |