Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-tf8b9 Total loading time: 0 Render date: 2024-11-22T20:47:20.607Z Has data issue: false hasContentIssue false

13 - The Double-Facing Foreign Relations Function of the Executive and Its Self-Enforcing Obligation to Comply with International Law

from Part III - The Foreign in Foreign Relations Law

Published online by Cambridge University Press:  17 January 2020

Jacco Bomhoff
Affiliation:
London School of Economics and Political Science
David Dyzenhaus
Affiliation:
University of Toronto
Thomas Poole
Affiliation:
London School of Economics and Political Science
Get access

Summary

Campbell McLachlan’s starting point is what he calls ‘a neglected question that is central to an understanding of the operation of the ‘double-facing constitution’ in a dualist state’ – meaning a state, like the United Kingdom, where domestic law and international law are thought of as operating on separate planes. The question is this: ‘If the Constitution grants sovereign law-making power within the state to Parliament, and at the same time allocates the conduct of foreign relations to the executive, to what extent and, if so why, is the executive bound to comply with international law obligations that it has contracted on behalf of the state, but which have not been directly incorporated into domestic law?’ Using a case study of the history of advice on international law provided by the law officers of the Crown and on recent changes to the wording of the Ministerial Code in the United Kingdom, McLachlan argues that ministers are, and have long been, bound to comply with international legal norms. But he also shows that the content of this obligation to comply has to be clearly distinguished from the question of justiciability, or review by courts. Ultimately, McLachlan’s chapter offers a revealing discussion of the intricate ‘domestic’ workings of foreign relations law, and an argument for and understanding of the relationship between prerogative powers and constitutional obligations that advances the rule of law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×