From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland


  • Lucia Della Torre University of Lucerne



Migration, immigration, migration law, UK, Switzerland, migration policy


Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

Author Biography

Lucia Della Torre, University of Lucerne

Lucia Della Torre was born in 1982 in Italy. She studied at the Università Cattolica in Milan, where she got her Bachelor and her Master degree in Law in 2004 and 2007 respectively. She completed her PhD in Criminal Law in 2010, with a discussion on the process of criminalization of migrants in Italy and on their administrative detention. She has then moved to the UK, where she worked for three years in a London firm which dealt with economic migrants as well as with asylum seekers and refugees, thus enriching her experience and knowledge of the immigration phenomena. In May 2014 she was selected by Professor Martina Caroni to carry out a four year research project on the situation of undocumented migrants in the country. The project is part of the wider NCCR - on the move project, funded by the Swiss National Science Foundation. Lucia is Professor Caroni’s assistant since June 2014.



How to Cite

Della Torre, L. (2016). From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland. Border Crossing, 6(2), 118-135.