Scrutiny and Approval: The Role for Westminster-Style Parliaments in Treaty-Making

Abstract

In December 2004, Parliament's Joint Committee on Human Rights added its voice to the call for a greater parliamentary role in the making of treaties. In its report on Protocol No. 14 to the European Convention on Human Rights, the Joint Committee included a one-page chapter on ‘Increasing Parliament's involvement in the adoption of human rights treaties’, expressing the view that it was desirable for Parliament to become more involved prior to ratification on the grounds that effective parliamentary scrutiny would serve to ‘enhance the democratic legitimacy of human rights obligations incurred… by the Executive pursuant to the prerogative power.’ 1 Motivated by this concern, the Committee has undertaken, on its own initiative, an extensive review of the UK's treaty commitments in the human rights field with a view to securing greater parliamentary support for these obligations through the mechanism of public scrutiny. 2