Towards parliamentarisation of foreign and security policy?

Abstract

It is customary to argue that foreign policy is very much dominated by the executive, with parliaments wielding limited influence. However, with the exception of the US Congress, legislative?executive relations in the realm of foreign and security policy have attracted remarkably little scholarly attention. Drawing on a principal?agent framework, this collection scrutinises the conventional wisdom of ‘executive autonomy’ in foreign affairs, indicating that even though parliaments have arguably become more involved in foreign and security policy over time, any notions of parliamentarisation need to be treated with caution. While expectations of consensus in the name of the national interest continue to play an important role in foreign policy decision-making, the papers highlight the role of party-political contestation structuring parliamentary debates and votes in this increasingly politicised issue area. This introductory paper introduces the analytical framework and hypotheses guiding the contributions in this collection, summarises their main findings and suggests avenues for future research.     

Energy diplomacy under scrutiny: parliamentary control of intergovernmental agreements with third‐country suppliers

Abstract

Research on legislative?executive relations in foreign affairs has generally assumed that parliaments are more active in ‘intermestic’ affairs than in traditional foreign policy issues. This paper revisits this assumption by examining whether parliaments in European countries scrutinise crucial decisions on a typical intermestic domain: external energy policy and, more specifically, intergovernmental agreements (IGAs) on energy. Contrary to the expectation, the study finds high variation in the level of parliamentary scrutiny across and within countries. To account for this variation, the paper focuses on the role of issue framing, particularly the impact of securitising and/or depoliticising moves by members of parliament and government. The paper argues that, in contrast to traditional foreign policy matters, securitisation attempts in areas with a strong economic component are likely to increase politicisation and hence also parliamentary engagement. Conversely, parliamentary disengagement is likely to come from the opposite dynamics: successful depoliticisation of governmental responsibilities.     

Clarity of responsibility and foreign policy performance voting

Do voters’ assessments of the government's foreign policy performance influence their vote intentions? Does the ‘clarity of responsibility’ in government moderate this relationship? Existing research on the United States demonstrates that the electorate's foreign policy evaluations influence voting behaviour. Whether a similar relationship exists across the advanced democracies in Europe remains understudied, as does the role of domestic political institutions that might generate responsibility diffusion and dampen the effect of foreign policy evaluations on vote choice. Using the attitudinal measures of performance from the 2011 Transatlantic Trends survey collected across 13 European countries, these questions are answered in this study through testing on incumbent vote the diffusion‐inducing effects of five key domestic factors frequently used in the foreign policy analysis literature. Multilevel regression analyses conclude that the electorate's ability to assign punishment decreases at higher levels of responsibility diffusion, allowing policy makers to circumvent the electoral costs of unpopular foreign policy. Specifically, coalition governments, semi‐presidential systems, ideological dispersion among the governing parties and the diverse allocation of the prime ministerial and foreign policy portfolios generate diffusion, dampening the negative effects of foreign policy disapproval on vote choice. This article contributes not only to the debate on the role of foreign policy in electoral politics, but also illustrates the consequential effects of domestic institutions on this relationship.     

Legislatures and civil‒military relations in the United States and the United Kingdom

Abstract

Legislatures in separation of powers systems like the US are often portrayed as having far greater capabilities and willingness to change defence policy than are parliaments in Westminster systems. This paper uses principal?agent models and hypotheses on legislative will to review the role of defence committees in the US Congress and Britain’s parliament during each country’s most recent, significant change in civil?military relations. Congressional committees drafted the 1986 Goldwater?Nichols Act over the objections of the president, fundamentally changing US civil?military relations. We would expect the British House of Commons to be at the opposite end of the spectrum, unable and unwilling to act without the prime minister’s blessing. At first glance, this is indeed what happened during Britain’s 2011 Defence Reform effort. Parliament took no concrete, independent action. A closer examination, however, suggests that parliamentary committees helped set the agenda for the 2011 reforms. These results point to the need to carefully assess both legislative capabilities and will when examining the role of legislatures in foreign policy, as well as the indirect means by which parliaments affect security policy.     

Explaining subnational parliamentary scrutiny powers: A fuzzy-set analysis of German Landtage

While the European Union’s Lisbon Treaty has important implications for regional parliaments with legislative competences, most studies have focused on cross-country differences or examined the activities of regional parliaments at the EU level. This contribution shows the existence of substantial intra-country differences in the formal scrutiny rights of regional parliaments. We analyse how German regional parliaments (Landtage) have addressed the challenge of controlling their governments in EU affairs. Using fuzzy-set comparative qualitative analysis, we find that institutional and partisan factors (vote share in the second chamber, economic potential, and conservative governments) explain the differences found among German Landtage particularly well. Landtage with otherwise weak parliamentary prerogatives were successful in using the reform momentum to strengthen their rights in the field of EU policy. Combined with the party political salience of EU policy-making, the integration process has thus empowered formally weaker Landtage.     

Detached,Hostile, Adaptable and Liberalising: The Chameleon Qualities of the UK's Relationship with EU Social Policy

In this article, we review the EU's significance for social policies in the UK. The EU has a limited legal role or institutional capacity to directly regulate the social policies of its member states. This role is even more limited in the case of non‐eurozone countries. There are a handful of EU policy measures which have had effects on social policy in the UK. However, these effects have not changed the institutional arrangements for making, organising and delivering social policy, which remain firmly in the hands of UK governments. In consequence, a ‘Leave’ or ‘Remain’ result has relatively limited implications for social policy, except in the case of specific social groups: notably for UK and other EU nationals who have lived and worked in at least one other EU country. Other EU legislation and regulation is compatible with the current and historical policy preferences of UK governments and political parties.     

Parliamentary Scrutiny of Delegated Legislation: Lessons from Comparative Experience

Recent years have seen an increase in the use of delegated legislation to implement major policy decisions in the UK. This has exacerbated the longstanding criticism that Westminster lacks sufficiently robust procedures for parliamentary scrutiny of delegated legislation. However, the UK is not the only country to use delegated legislation, or to face the challenge of ensuring it receives adequate parliamentary scrutiny. This article therefore places the UK system in wider context by comparing it to six other national parliaments. We highlight one comparative strength of the UK system, two weaknesses it shares with the other six cases, and one way in which the UK might learn lessons from elsewhere. Overall, our evidence suggests that no one country offers a clear template for more rigorous parliamentary scrutiny of delegated legislation. Successful reform of the UK's system is likely to require creative procedural innovation.     

Growing numbers,growing influence? A comparative study of policy congruence between parliaments and citizens of immigrant origin

A large set of research argues that policy responsiveness towards excluded societal factions such as minorities of immigrant origin improves through the presence of group members in parliaments because they bring forward different perspectives during parliamentary debates. This article challenges the straightforwardness of this relationship by demonstrating that the ability of legislators with immigrant backgrounds to shift the parliamentary agenda closer to the ideal points of citizens of foreign descent is conditional on two factors. First, representatives of immigrant origin need incentives to cultivate a personal vote, and second, their overall proportion of parliamentary seats has to remain rather marginal to influence the policy positions of the majority of representatives. The article's findings thus stress the importance of studying the contextual factors that moderate the relationship between group belonging and the capacity to promote group interests. Empirical evidence from nine European Democracies between 2002 and 2014 substantiates this argument – so that the analysis constitutes the first cross‐country comparison in a research field that has so far been dominated by single country studies. By using policy congruence as a measure for responsiveness, this article shifts the focal point from individual representatives’ attempts to promote the interests of citizens with immigrant backgrounds towards effectiveness of these endeavours.     

TTIP and legislative‒executive relations in EU trade policy

Abstract

This paper analyses Transatlantic Trade and Investment Partnership (TTIP) negotiations in order to assess how the move towards tighter economic integration within the EU?US strategic partnership impacts on legislative?executive relations in EU trade policy. The analysis examines the institutional, substantive and party political dimensions of national parliaments’ scrutiny of the Common Commercial Policy. Based on insights into both domestic and EU channels of parliamentary monitoring of TTIP negotiations, the paper argues that, although the government remains the central object of democratic control, the involvement of national parliaments in transatlantic trade extends to encompass the EU’s own transatlantic and trade policies. This is rooted in the legislatures’ legal capacity to constrain the executive in the negotiation, conclusion and, where applicable, ratification phases of EU trade agreements. It is argued that national parliamentary influence takes the shape of politicisation of the legitimacy of the expected policy outcomes of these agreements.     

The State and International Development Management: Shifting Tides,Changing Boundaries,and Future Directions

Today’s global concerns with poverty, instability, and terrorism link international development and security in unprecedented ways and assemble new actors in the foreign policy arena. The lessons of past experience need to better inform current policy and practice. The evolution of thinking on the role of the state, the citizen, and international development management provides clues regarding what works and what research questions remain to be answered. Institutional barriers to cooperation and shared learning need to be overcome, along with tendencies to revert to earlier, simplistic management approaches to solving international development problems.     

The UK and EU Foreign and Security Policy: An Optional Extra

Foreign and security policy were not areas in which Prime Minister Cameron was seeking to renegotiate the relationship between the UK and the European Union (EU), but security may be a key issue in the EU referendum. The untangling of Britain's foreign and security policy from the EU following a Brexit vote would be relatively uncomplicated. The EU's arrangements for collective foreign and security policy, the Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP), are conducted on an intergovernmental basis which allows the UK to preserve independence in its diplomacy while allowing for the coordination of policy where interests are held in common with other member states. The UK retains substantial diplomatic and military capabilities which would allow it to continue to pursue a separate national foreign, security and defence policy in the case of either a ‘Leave’ or ‘Remain’ outcome.     

‘Going institutional’ to overcome obstruction: Explaining the suppression of minority rights in Western European parliaments, 1945−2010

When and why do parliamentary majorities in Europe suppress parliamentary minority rights? This article argues that such reforms are driven by substantive policy conflict in interaction with existing minority rights. Government parties curb minority rights if they fear minority obstruction due to increased policy conflict and a minority-friendly institutional status quo. Empirical support is found for this claim using comparative data on all reforms in 13 Western European parliaments since 1945. A curbing of minority rights is significantly more likely under conditions of heightened policy conflict and these effects are stronger the more the institutional status quo favours opposition parties. Contrary to frequent claims of consensual rule changes from single-country studies in Europe, these findings demonstrate the importance of competitive strategies in explaining institutional reform in European parliaments. The conditional impact of the status quo provides interesting theoretical links to historical institutionalist arguments on path dependence.     

Reconciling China with international order

Abstract

The debate about Western policies towards China ('containment’ versus ‘engagement') is intellectually and politically misleading. At issue is not so much the policy blueprint but the ability of Western countries to design and implement coherent and consistent policies towards China, and to coordinate those policies between themselves. This ability has been affected by a trend towards the ‘domestication’ of foreign policies — a trend which is particularly marked in the case of the United States, but clearly visible in France, the UK and Germany as well. If the capacity to design, implement and coordinate effective China policies is to be regained, the problems will have to be recognized and addressed.     

After Lisbon: National Parliaments in the European Union

The role of national parliaments in EU matters has become an important subject in the debate over the democratic legitimacy of European Union decision-making. Strengthening parliamentary scrutiny and participation rights at both the domestic and the European level is often seen as an effective measure to address the perceived ‘democratic deficit’ of the EU – the reason for affording them a prominent place in the newly introduced ‘Provisions on Democratic Principles’ of the Union (in particular Article 12 TEU). Whether this aim can be met, however, depends crucially on the degree and the manner in which national parliaments actually make use of their institutional rights. This volume therefore aims at providing a comprehensive overview of the activities of national parliaments in the post-Lisbon era. This includes the ‘classic’ scrutiny of EU legislation, but also parliamentary involvement in EU foreign policy, the use of new parliamentary participation rights of the Lisbon Treaty (Early Warning System), their role regarding the EU’s response to the eurozone crisis and the, so far under-researched, role of parliamentary administrators in scrutiny processes. This introduction provides the guiding theoretical framework for the contributions. Based on neo-institutionalist approaches, it discusses institutional capacities and political motivation as the two key explanatory factors in the analysis of parliamentary involvement in EU affairs.     

Refusing to be Sidelined: The Engagement of the Finnish Eduskunta in Foreign Affairs

It is often argued that foreign and security policy is dominated by the executive, with parliaments wielding marginal influence. However, as legislative‐executive relations in the realm of foreign and security policy have attracted remarkably little scholarly attention, there is a demand for subjecting the alleged executive drift in foreign affairs to careful empirical scrutiny. There is also a need to examine whether and how parliamentary politics in foreign affairs differs from domestic or European matters, both regarding control mechanisms and party competition. The notions of ‘executive dominance’ and ‘politics stopping at the water's edge’ certainly point in the direction of less active control and casting aside public partisan differences in favour of providing domestic support for the government. A case study of the Finnish Eduskunta forces us to reconsider such arguments. This article examines the multiple instruments members of parliament (MPs) have for becoming involved in foreign affairs, from participating in the formulation of the national ‘grand strategy’ document to ministerial hearings in the committees. It also provides strong evidence of the Europeanization of national foreign policies, with matters relating to the foreign policy and external relations of the European Union (EU) in a central role in the Foreign Affairs Committee. Parliamentary culture is consensual, especially in security policy, but there is nonetheless greater room and willingness for party‐political contestation in foreign affairs.     

Activation,Conversion, or Reinforcement? The Impact of Partisan News Exposure on Vote Choice

This study uses multiwave panel data from the 2008 presidential election to investigate the impact of partisan news exposure on changes in vote preferences over time. Overcoming key limitations of prior research, the analysis distinguishes among the potential effects originally delineated by Lazarsfeld and colleagues ( 1948 ): (1) activation—motivating partisans who initially say they are undecided or planning to defect to shift their vote back to their own party's candidate; (2) conversion—motivating partisans to shift their vote to the opposing party's candidate; and (3) reinforcement—strengthening partisans’ preference for their initial vote choice. The results reveal only modest evidence that partisan news reinforces existing vote preferences. Surprisingly, partisan news plays a more robust role motivating changes in vote choice: news slanted toward citizens’ own partisanship increased the odds of activation and decreased the odds of conversion, while news slanted away from citizens’ own partisanship proved a strong counterforce working in the opposite direction.     

The Role of Policy Labs in Policy Experiment and Knowledge Transfer: A Comparison across the UK,Denmark, and Singapore

Abstract

Policy labs have been increasingly used to generate scientific evidence and political momentum to boost policy experiments, but our understanding of the conditions for knowledge creation and transfer through policy experiments in the labs is scarce. This paper compares the UK’s Cabinet Office’s Behavioral Insights Team (BIT), Denmark’s the Danish MindLab, and Singapore’s the Human Experience Lab (THE Lab) to identify their similarities and differences in fostering policy experiment and knowledge transfer. It is found that BIT as the “Nudge Unit” is keen on bringing in rigorous scientific evidence to advocate effective albeit controversial policies, critical to its survival and influence in an adversarial political circumstance. MindLab takes more initiative to co-create and run projects together with agencies and organizations. THE Lab is dedicated to gleaning ethnographic insights from various stakeholders to support design thinking in policy implementation. These discernable differences can be attributed to their different political regimes and policy environments, which suggest workable avenues for policy labs in other countries.     

Federalism,Physicians, and Public Policy: A Comparison of Health Care Reform in Canada and Brazil

Abstract

This article uses comparative historical analysis to explore physicians’ involvement in health care reform in Canada and Brazil. Drawing on historical institutionalism, the analysis stresses how, beyond partisanship, physicians build consensus around and promote specific policy ideas, and how federal institutions shape physicians’ mobilization. In both countries, physicians’ mobilization shaped the emergence of universal health care coverage, but in quite different ways, because of the differing federal institutions. Although the Brazilian medical lobby was far more heterogeneous than the Canadian profession, one faction was able to mobilize at the local level to pursue policy ideas favorable to universal health coverage.     

Government Selection and Executive Powers: Constitutional Design in Parliamentary Democracies

Provisions for a parliamentary investiture vote have become increasingly common in parliamentary democracies. This article shows that investiture provisions were largely introduced when new constitutions were written or old ones fundamentally redesigned. It also shows that the constitutions that endowed executives with strong legislative agenda powers also endowed parliaments with strong mechanisms to select the executive. It is argued that constitution makers’ decisions can be seen in principal–agent terms: strong investiture rules constitute an ex ante mechanism of parliamentary control – that is, a mechanism to minimise adverse selection and reduce the risk of agency loss by parliament. The findings have two broad implications: from a constitutional point of view, parliamentary systems do not rely exclusively on ex post control mechanisms such as the no confidence vote to minimise agency loss; parliamentarism, at least today and as much as presidentialism, is the product of conscious constitutional design and not evolutionary adaptation.     

Normative transformations in EU external relations: the phenomenon of ‘soft’ international agreements

Abstract

The European Union increasingly uses ‘soft’ international arrangements rather than formal international agreements in establishing relations with non-EU states. This contribution aims to raise the question of to what extent a move from hard to soft law in relations between the EU and its partners can be seen as allowing the Union to ‘step outside’ the legal framework (if that indeed is what is happening) and disregard the rules and principles that define the way in which EU external relations are to take shape. Possible consequences include the risk that these instruments are not subject to appropriate safeguards, that parliamentary influence (by the European Parliament as well as by national parliaments) is by-passed and that transparency is affected. There are various reasons for the EU not to use formal procedures, but a turn to informality does come at a price.