“Populism? It’s Administrative Law, Stupid!” How administrative law caters for restrictive migration laws

Critical observers have often attributed the emergence of restrictive migration laws to rising populism and failing protection by constitutional, EU and human rights law. This presentation, however, argues that the lagging legal protection of migrants' rights is less a matter of populism and failures of human rights protection, and more a problem of too much administrative law. The contribution examines the legal infrastructure that makes restrictive migration laws possible and lawlike. The answer is administrative law. Administrative law happens to be distinctively well-suited, more so than criminal and civil law, to produce restrictive migration laws.