Scrutiny and Approval: The Role for Westminster-Style Parliaments in Treaty-Making
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CONTRIBUTORS:
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JOURNAL:
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YEAR:
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2006
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PUB TYPE:
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Journal Article
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SUBJECT(S):
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international law - treaty law - constitutional law - federalism
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DISCIPLINE:
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Law
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HTTP:
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LANGUAGE:
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English
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PUB ID:
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103-419-585
(Last edited on
2006/06/09 10:33:28 GMT-6)
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SPONSOR(S):
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ABSTRACT:
At common law, there is no obligation on an executive to inform or involve Parliament in the making of a treaty prior to ratification, albeit that Parliament is the ultimate lawmaker in a Westminster-style democracy. This lack of a legal requirement to involve Parliament before a treaty is made that binds the State grounds complaints that a democratic deficit exists in the treaty-making process, resulting in various campaigns for reform. This article examines the role for Parliament as a body for pre-ratification treaty scrutiny and treaty approval, drawing on the experiences of the United Kingdom, Australia, Canada and South Africa.
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