Parliamentary Control Over Foreign
Policy, Antonio Cassese, editor Sijthoff and Noordhoff, 1980, 206 p.
This collection of essays contains surveys
of the role of parliament in foreign policy, in the United Kingdom, France, the
Federal Republic of Germany, Denmark and Italy as well as a case study of the
role of the U.S. Congress in human rights policy. In addition, there are three
essays on the influence of national parliaments and the European Parliament on
inter-European affairs. There is much useful information here, if rather dryly
presented, especially on constitutional provisions, the role of parliamentary
committees and the participation of parliaments in the treaty-making process.
The argument of the book is, however, open to serious question.
In his preface, the editor, Antonio Cassese,
writes that the purpose is to see where and how the powers of national
Parliaments over foreign policy are "gradually being eroded to the benefit
of the executive branch" and what, if anything can be done to reverse this
trend. Such a clear declaration of purpose at the beginning of a book is
commendable; unfortunately, the essays which follow do not, on the whole, prove
the point.
According to Ian Brownlee, the British
Parliament generally acquiesces in the government's foreign policy, though it
becomes "more efficiently watchful" when it feels it necessary, as in
the case of British entry into the Common Market. In other words, parliament is
concerned with foreign policy when it wants to be, a not surprising proposition
which applies no doubt to other areas of policy as well. But does this
constitute erosion of the British Parliament's powers? By Brownlee's own
description, it looks more like continuation of a much older tradition.
"In the 19th century, Parliament was not expected to concern itself with
foreign affairs, and indeed this circumstance derived from the assumption that
foreign policy was not the concern of public opinion".
The essay on France comes closest to
supporting Mr. Cassese's argument. The author describes, in lively fashion. a
kind of parliamentary diletantism where foreign policy is concerned
("parliament amuses itself') but then goes on to explain that this mainly
reflects a general decline of the French parliament under the 1958
Constitution. He observes that most French parliamentarians take very little
interest in foreign policy. Toshow an interest ... is a bad political
move."
If the British and French cases give only
limited support to the thesis of parliamentary decline, several other essays in
the book contradict it. The parliament of Denmark is described as having
considerable influence on foreign policy, both constitutionally and in
practise. The constitution states that the Folketing (the Danish parliament)
shall have a foreign affairs committee which the government shall consult
before making any decision of major importance to foreign policy. This
provision is given political effect by. the normal circumstance of minority
government in Denmark and the fact that party leaders sit on the committee. The
author concludes: "The Folketing then controls the government's foreign
policy in general and in its European aspects in a consistent way".
It is, as one might expect, the essay on the
U.S. Congress and human rights policy which most clearly illustrates the
growing assertiveness rather than the erosion of "parliamentary
involvement in foreign policy. The author, Patricia Weiss Fagen, shows that the
emphasis on human rights commonly associated with the Carter administration was
in fact launched politically by the 19731974 hearings and report of the House
Subcommittee on International Organizations and Movements under the chairmanship
of Representative Donald Fraser. The Committee was sharply critical of the
administration and the State Department for what it saw as indifference to
human rights issues. Its report contributed to a practise, which continues, of
Congress attaching human rights and other conditions to foreign aid and
military assistance appropriations bills. The case illustrates a more general
recovery of Congressional interest in foreign policy, partly in reaction to
such low points of influence as the Tonkin Gulf Resolution and the secret
bombing of Cambodia. Canada has had reason to regret this reassertion of power
in the case of the U.S. Senate's refusal to ratify the East Coast Fisheries and
Boundary Treaty.
The same point could be made of other essays
in this collection, on Germany, the European Parliament and indeed on the
Italian Parliament as described by Mr. Cassese himself. He remarks that despite
many flaws and shortcomings, there is now a drive toward (the Italian)
parliament taking a more active role in foreign affairs". While European
Parliaments generally do not possess the powers of the U.S. Congress to control
aspects of foreign policy, neither are they without influence. This suggests
the difficulty o getting at this matter by concentrating on formal parliamentary
powers. Instead, what must be done is to examine parliament's relationship to
the political process, history and ideas of a country. One should, in viewing
parliaments, pay as close attention to the four-fifths that are below the
surface as to the one-fifth that strikes the eye.
Since the fact of parliament's decline in
the field of foreign policy, is at least unproved by these essays, the
explanation of the fact is not called for. Nonetheless, it should be said that
the reason offered by Mr. Cassese as a "truism") that the increased
pace, complexity and multilateral nature of foreign policy inevitably weaken
parliamentary powers is equally open to question. The rise of international
institutions, to take one example, Ina ' i, in some cases have strengthened the
hand of executives vis-à-vis parliaments in member governments but that it is
not inevitably so is again shown by the U.S. Congress. It exercises very
considerable influence over American policy in such institutions as the World
Bank and the International Monetary Fund. A recent report by the Canadian
Parliamentary Task Force on North-South Relations recommends that there be
greater involvement by national political authorities in the work of these
international bureaucracies. This may well entail, in this country as in the
United States, greater parliamentary interest and scrutiny.
Robert Miller, Parliamentary Centre for Foreign Affairs and Foreign
Trade, Ottawa