A comparison of the developing role of parliaments in foreign military interventions in France, Germany and the United Kingdom : towards a jus common, or is there more than meets the eye?

Jeanpierre, Eric (2015) A comparison of the developing role of parliaments in foreign military interventions in France, Germany and the United Kingdom : towards a jus common, or is there more than meets the eye? In: Critical Legal Conference (CLC) 2015 : Law, Space and the Political; 03 - 05 Sep 2015, Wroclaw, Poland. (Unpublished)

Abstract

The aim of this paper is to compare the development in France, Germany and the United Kingdom of the legality for military foreign interventions since the end of the cold war. Particular attention will be devoted to the increasingly active role played by Parliaments in the authorisation of the use of armed forces on foreign soil. Whereas for Germany and France, the general rules are included in their respective constitutions, the UK’s rules can be found in the royal prerogative and constitutional conventions. It is interesting to note that in all three countries, a trend has developed to increase the democratic legitimacy of such interventions through the increasing role of parliaments, which could give a prima facie impression of a jus common, the way it has been done is very different from one state to the other.

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