Legislatures and Foreign Relations

1917 ◽  
Vol 11 (4) ◽  
pp. 643-684 ◽  
Author(s):  
Denys P. Myers
Keyword(s):  
Foreign Relations ◽  
Executive Branch ◽  
The State ◽  
Foreign Affairs ◽  
Treaty Ratification ◽  
Legislative Control ◽  
Complete Independence ◽  
The Government ◽  
International Phenomenon ◽  
Complete Dependence

In a previous paper foreign relations as a phase of governmental activity were considered chiefly as an international phenomenon. Such relations were there discussed largely in their political bearing and some attempt was made to deduce from practice the considerations which affect foreign offices and the conditions encountered by diplomatic personnel. The problems of secrecy in negotiations and of secret treaties were examined and an effort made to indicate how much knowledge of both may be justifiably concealed. The present paper is a study of legislative control over foreign relations.Systems of legislative handling of foreign relations may be distinguished as of three types, which we may designate as the continental, the executive, and the American. The American type is characterized by an imposed agreement between the executive and legislative departments of government before treaties can become binding upon the state. The continental type is characterized by a less complete dependence of the executive upon the legislative department in respect to treaty ratification. The executive type is characterized by an almost complete independence of the executive respecting treaty ratification.All systems recognize definitely that the conduct of foreign relations is an executive function. None denies the patent facts that it is the place of the executive to speak and act for the state, and that, in all matters not definable as legislation, the minister can definitely bind the state. Innumerable decisions under all systems are reached by the department of foreign affairs without any but the executive branch of the government knowing anything of them until they are recorded facts.

THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS

2010 ◽  
Vol 28 (1) ◽  
pp. 115-149
Author(s):  
Fernando R. Tesón
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Foreign Affairs ◽  
Customary Law ◽  
Trade Barriers ◽  
Customary International Law ◽  
Liberal Government ◽  
The Government ◽  
Improved Methods ◽  
The U.S

AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations.

scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar
Keyword(s):  
The State ◽  
Foreign Affairs ◽  
Freedom Of Movement ◽  
Exclusive Jurisdiction ◽  
State Administration ◽  
Administrative Procedures ◽  
Internal Affairs ◽  
The Republic ◽  
The Government

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

The Role of Congress in the History of US Foreign Relations

2019 ◽  
Author(s):  
Clay Silver Katsky
Keyword(s):  
Foreign Policy ◽  
Foreign Relations ◽  
Separation Of Powers ◽  
Policy Decision ◽  
Armed Forces ◽  
Executive Branch ◽  
Foreign Affairs ◽  
National Interests ◽  
Legislative Authority ◽  
The Republic

While presidents have historically been the driving force behind foreign policy decision-making, Congress has used its constitutional authority to influence the process. The nation’s founders designed a system of checks and balances aimed at establishing a degree of equilibrium in foreign affairs powers. Though the president is the commander-in-chief of the armed forces and the country’s chief diplomat, Congress holds responsibility for declaring war and can also exert influence over foreign relations through its powers over taxation and appropriation, while the Senate possesses authority to approve or reject international agreements. This separation of powers compels the executive branch to work with Congress to achieve foreign policy goals, but it also sets up conflict over what policies best serve national interests and the appropriate balance between executive and legislative authority. Since the founding of the Republic, presidential power over foreign relations has accreted in fits and starts at the legislature’s expense. When core American interests have come under threat, legislators have undermined or surrendered their power by accepting presidents’ claims that defense of national interests required strong executive action. This trend peaked during the Cold War, when invocations of national security enabled the executive to amass unprecedented control over America’s foreign affairs.

I. Organizing the Government for Participation in World Affairs

1944 ◽  
Vol 38 (5) ◽  
pp. 913-930 ◽  
Author(s):  
Walter H. C. Laves ◽  
Francis O. Wilcox
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Political Stability ◽  
The United States ◽  
Foreign Affairs ◽  
Modern World ◽  
Public Servants ◽  
Authoritarian State ◽  
The Government ◽  
Post War

Looking at the post-war period, it seems obvious that the government of the United States will give more attention to foreign affairs than it has in any comparable period of American history. How can the machinery for conducting foreign relations best be organized to meet these increasing responsibilities?The conduct of foreign relations in the modern world is no simple matter. Technical experts, intelligence systems, ability to negotiate, national political stability, a large and loyal staff of public servants—these are but some of the national requisites for effective participation in world affairs. The mobilization and organization of the best staff resources in the country, the negotiation of national policies, and then of international agreements, constitute a formidable task under any system of government.The conduct of foreign relations is, of course, easiest in a completely authoritarian state. It is made immeasurably more difficult by any division of authority. In most non-authoritarian governments, some division of authority has been found desirable, even at the expense of occasional awkwardness of procedure, because thereby the dangers of usurpation of power are minimized. The United States has gone farther than any democratic country in dividing responsibility in foreign affairs. Not only is there the usual distinction between legislative and executive authority, but the independence of the two branches has been so far underlined that the achievement of over-all government policies (as distinct from legislative and executive policies) is extremely difficult unless the party relationships are just right between the two ends of Pennsylvania Avenue.

The Logan Act: Paper Tiger or Sleeping Giant?

1966 ◽  
Vol 60 (2) ◽  
pp. 268-302 ◽  
Author(s):  
Detlev F. Vagts
Keyword(s):  
United States ◽  
Criminal Law ◽  
Free Speech ◽  
Foreign Relations ◽  
The United States ◽  
Foreign Affairs ◽  
Foreign Government ◽  
Hands On ◽  
Criminal Statute ◽  
The Government

For 167 years the shadow of the Logan Act has fallen upon those Americans who trespass on the Federal monopoly of international negotiations which it creates. In theory, up to three years’ imprisonment and a $5,000 fine await those Americans who, without authority, communicate with a foreign government intending either (a) to influence that government with respect to a controversy with the United States or (b) to defeat the measures of the United States. Though only one indictment and no trial have taken place under the Act, who can tell when a new Administration, thinner skinned or harder pressed than its predecessors, may in its irritation call into play this sleeping giant? Now, at a time when domestic opposition to certain aspects of our foreign policy has reached a pitch unknown for many years, it would be well to reflect upon this curious product of the confluence of criminal law and foreign relations law before we are in fact confronted by a test of its strength. All could be the losers from an unpremeditated encounter—the defendant by finding himself, perhaps to his very great surprise, the first person subjected to the Act’s severe criminal penalties, the Government by finding itself stripped of its long accustomed protection by a ruling that the statute as it now reads is unconstitutionally vague or restrictive of free speech. Despite its long desuetude as a criminal statute, the Act represents a principle which I cannot help but think is, at its core, a salutary one; that America in sensitive dealings with other governments “speaks with one voice.” It embodies the concept of bipartisanship, that quarrels about foreign relations are fought out domestically and not with the adversary. It deters sometimes very ill-advised attempts to take the conduct of foreign affairs into foolish and unauthorized hands. On the other hand, it cuts into freedoms which we regard as having the highest value, and many of the situations in which its use has been suggested clearly involve no danger that would justify such a restraint.

Developments in Constitutional Law: Selected Topics

1990 ◽  
Vol 24 (3-4) ◽  
pp. 368-430 ◽  
Author(s):  
Shimon Shetreet
Keyword(s):  
Civil Rights ◽  
Prime Minister ◽  
Executive Branch ◽  
The State ◽  
Constitutional Protection ◽  
The Supreme Court ◽  
The Status ◽  
Relative Status ◽  
The Government ◽  
State Of Israel

The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.

Execution of Judgments and Means of Enforcement Available to a Court in Nigeria

1988 ◽  
Vol 32 (2) ◽  
pp. 164-181 ◽  
Author(s):  
J. O. Fabunmi ◽  
O. O. Akai
Keyword(s):  
Judicial Review ◽  
Executive Branch ◽  
The State ◽  
Financial Loss ◽  
Judicial Process ◽  
Civil Process ◽  
Rapid Changes ◽  
Court Orders ◽  
The Government ◽  
Judicial Actions

SUMMARYAlthough the judiciary is the weakest branch of the government and must depend on the executive branch to enforce its judgments, it is not the integrity, or prestige of the judiciary that is at stake when the executive fails to comply, or to comply satisfactorily with court orders and judgments. In such situations, the authority of the state is called into question.Clearly, where private persons are unable to concretise their remedies by enforcement, the relevance of the whole judicial process is called into question. In this regard one may say that the existing rules of enforcement are sufficiently geared to prevent that anomaly.In actions involving private parties the judiciary is an impartial arbiter and it is up to the party aggrieved to pursue his claim to the logical conclusion. The Sheriffs and Civil Process Laws are designed to facilitate this. Not only are officers of state placed at his disposal but he has the ultimate weapons, in an action for committal of an irresponsible judgment debtor. Yet, the formalities appurtenant to the issuance and execution of the various writs have appropriately built in devices, that allow the respondent to comply at any stage and thus save himself financial loss, or loss of his liberty.In the field of enforcement of non-money judgments the ultimate weapon is an action for committal initiated at the suit of the plaintiff. The same safety devices are available. In particular, where possible, the Court will employ another means of enforcing the judgment, or order.Although, there is provision for the appointment of commissioners (eg. in sequestration proceedings) and referees (in enquiries) there is little resort to these provisions, not only because sequestration proceedings are extremely rare but probably also because there is seldom need for the appointment of referees in our courts.It is in the enforcement of judgments against the state and government functionaries that rapid changes have occurred. Although, injunctions and mandamus will still not lie against government, it can now be sued and indirectly be made to obey court orders through actions directed against state functionaries. There is increasing willingness on the part of the courts to subject judicial, or quasi-judicial actions of government to judicial review. The problem remains as usual that of giving teeth to such orders since the very executive against which orders are made, is depended on to enforce such orders. Hence the judiciary has developed safety valves in actions for judicial review to prevent collision with the executive. Utmost discretion is exercised by judges in granting orders for review and they will generally do so only as a last resort

scholarly journals P. B. Struve’s Activities as Minister of Foreign Affairs of the Government of the South of Russia (1920)

2020 ◽  
pp. 362-377
Author(s):  
A. A. Chemakin
Keyword(s):  
Foreign Relations ◽  
Western Europe ◽  
Foreign Affairs ◽  
Domestic Policy ◽  
The South ◽  
The Crimea ◽  
The Government ◽  
Soviet Russia ◽  
Foreign Ministry

The article is devoted to the activities of P. B. Struve as head of the foreign relations department of the government of the South of Russia in the spring and autumn of 1920. It is indicated that Struve, having become one of the closest assistance of Baron P. N. Wrangel, pursued a “leftist policy with his right hands” and played an important role in the recognition of the Crimea by the French authorities. Various stages of Struve’s activity in his post, connected both with his stay in the Crimea and with trips to Western Europe, are consistently considered. Using various sources, primarily press materials and memoirs of contemporaries, the author clarifi some important aspects of Struve’s activities at the head of the Crimean Foreign Ministry, as well as his position on Polish and Ukrainian issues. Criticism of Struve’s activities by the National Bolsheviks and “defeatists” who advocated an alliance with Poland against Soviet Russia is presented. According to the author of the article, despite the fact that Struve’s views on foreign and domestic policy have undergone certain changes (especially in comparison with the statements he made at the turn of 1919-1920), the basis of his views remained unchanged.

scholarly journals PELINDUNGAN HUKUM TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI

2016 ◽  
Vol 3 (1) ◽  
pp. 149
Author(s):  
Arpangi Arpangi
Keyword(s):  
Migrant Workers ◽  
Foreign Relations ◽  
Foreign Minister ◽  
Active Role ◽  
Foreign Affairs ◽  
Public Access ◽  
National Agency ◽  
Department Of Labor ◽  
The Republic ◽  
The Government

The number of cases of migrant workers abroad, the need for a protection which is able to overcome the problems or issues that have so far linked dengaan the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. So here is required mutual coordination among the relevant agencies ranging from the local government, the department of labor and Transmigration Decree, the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Ministry of Foreign Affairs in order to avoid overlapping of authority and mutual tug of power between institutions. The employment of various problems due to labor issues received less attention, especially for developing countries that send their employees abroad or from the country of employment. Lack of attention, lack of protection, not only because of the attention from labor-sending countries out of the country focused on the problems within the country itself, but also due to the problems of violations in the workplace are more likely sealed from public access as well as the dilemma of the workers themselves to fight for their rights. The formulation of the problem to be addressed is how the Indonesian government’s role in protecting Indonesian workers abroad? As stipulated in the Act ano. 39 2004 Article 6 that the government is responsible forenhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers is without pressure from other parties. In order to protectworkers is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers isnot only the duty of the minister of labor alone, but also the duty of the foreign minister. This isin accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations,which is representative of the Republic of Indonesia is obliged to provide care, protection andlegal aid to citizens and legal entities abroad Indonesia in accordance with national legislationand international law and practice.

ISSUE OF THE IMPROVEMENT OF UKRAINIAN ADMINISTRATIVE LEGISLATURE

2020 ◽  
Vol 10 (4) ◽  
pp. 35-42
Author(s):  
Oksana Moroz ◽  
◽  
Volodymyr Vysotskyi ◽  
Keyword(s):  
Public Administration ◽  
Social Life ◽  
Executive Branch ◽  
The State ◽  
Supreme Council ◽  
Effective Administration ◽  
Process Adaptation ◽  
The Government ◽  
Principles And Standards ◽  
Legal Forms

Nowadays the economic crises causes new functions for the government branches and its institutions. Taking into consideration the situation the authority should boost the work of the system of government administration, that could enhance the capacity of executive branch of law, influence maintaining of different crucial changes of the state, mainly economical, more purposely and productively. The normative base requires improvement of the state prognostication and principles of the programs of social and economic evolvement. Qualitative and effective administration is impossible without reformation of administrative legislature, aimed at setting up constructive cooperation of the government with Supreme Council of Ukraine, separate deputies� factions (groups) and non-factinal people�s deputy. It should be mentioned that carrying out codification and systematization of administrative legislature of Ukraine could cause the improvement of legal forms and methods of public administration: �Public administration, by doctrine�s definition, is a type of state activity, that consists of maintaining impact on those spheres and branches of social life, the needs of functioning and development of which demand particular intervention of the state with the assistance of certain level. The essential of them are connected with the maintenance of the functions of the executive branch of power�. Research and analyze of the process of approximation of Ukrainian legislature to the legal system of EU gives the opportunity to reveal the problems, circumstances, that require the immediate solution and suggest approaches to the improvement effectiveness of the process. Adaptation of Ukrainian legislative to the EU legislature is taking place simultaneously with legal reform in Ukraine. The state should renew the legislature, according to international principles and standards, as none of mentioned principles and standards in its legal base hasn�t existed yet.

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