| Treaty act has always been an administrative act since ancient times.In the era of simple international relations,it is reasonable to control treaty act by efficient king’s prerogative.However,in today’s world where "globalization" has become the theme of world development,the number of international treaties is increasing significantly,the scope of treaties is expanding constantly,and the interaction between international law and domestic law is becoming more and more obvious.In this context,it is difficult for administrative agencies to deal with treaty relations alone.This paper traces the history of the British Parliament’s treaty ratification power,examines the specific institutions exercising the treaty ratification power,analyzes the interaction between the UK and the Commonwealth countries,and presents the efforts made by the UK to solve this problem with case analysisFirst of all,the study of Ponsonby rule starts from the process of its development.In the late 1910 s,in order to deal with the impact of the Alliance treaty in the First World War,British anti-war lawmakers sought to gain greater control of parliament over treaty making.On this basis,they proposed the famous "Ponsonby Rule",which has been developed for nearly a century and maintained the status of constitutional convention.In 1996,the Ponsonby Rule reached its climax.Although it was finally written,the status of the Ponsonby Rule was actually improved,which laid the foundation for the enactment of the bill in 2010.From the perspective of content,the most important content reflected in Ponsonby Rule is the British Parliament’s treaty ratification power,which is expanded from the types and institutions of ratification of treaties.The types of treaties to be ratified are more complex,including bilateral and multilateral treaties,treaties with only the intention of ratification,political agreements,financial agreements and other special treaties.British foreign affairs and treaty affairs are mainly carried out by the House of Commons,through the House of Commons meetings and debates to review the core treaty content;The Foreign Affairs Committee of the House of Commons is also a key department dealing with foreign affairs and treaty matters;In modern times,the House of Lords,which has a lower voice,should not be ignored.The higher professional depth and breadth of the House of Lords can provide a strong guarantee for the smooth development of diplomatic and treaty affairs.While the famous case "Miller case" happened in the process of Britain leaving the European Union showed the struggle between parliament and the government on the issue of treaty ratification to the greatest extent,and also reflected the original intention of Ponsonby Rule.Brexit is a global sensation that has profoundly changed Britain’s international relations.This "sensation" is reflected not only in the change of the effective order of international treaties,but also in the confrontation between parliament legislation and government resolutions.In this case,the conflict between parliamentary prudence and governmental efficiency reached its climax,and the English courts,as a neutral arbiter,also expressed their view that Parliament enjoyed a higher power in treaty matters,mirroring British practice since the 20 th century guided by the Ponsonby Rule.The introduction of the Constitutional Reform and Governance Act of 2010 represents the culture of Ponsonby Rule and the end of the case state of Ponsonby Rule.The analysis of Commonwealth countries,on the other hand,understands Britain’s treaty ratification power from another Angle.On the one hand,their legal system is similar to that of Britain,so is the foreign affairs and treaty affairs.On the other hand,some Commonwealth countries have adopted a markedly different approach from Britain,either by setting up special treaty ratification committees,as in Australia,by gradually abandoning the practice of parliamentary ratification,as in Canada,or by providing for it in their written constitutions,as in South Africa.The special cases of these Commonwealth countries provide us with a more comprehensive understanding of the application of democratic power in foreign affairs and treaty matters. |
