Dimension: 1.11.2 Defence
This dimension concerns the role of parliament in the area of defence policy, which covers declarations of war, states of emergency, the deployment of armed forces, sales and exports of arms, and the protection of civilians during conflict.
Civilian control of defence policy is essential in a well-functioning democratic society. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. is mandated to represent the interests of all groups in society and to uphold human rights, acting as a safeguard against the unjustified and disproportionate use of force and ensuring that decisions on defence policy are aligned with public needs.
The constitution and/or other aspects of the legal framework should establish the extent of parliamentary involvement in the declaration of war and the deployment of troops, and during states of emergency. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. ’s powers in this area vary considerably, from the authority to debate and question decisions to deploy armed forces, to merely being kept informed by the executive. In practice, and regardless of the system in question, it is important the parliament remain engaged and informed, with relations of trust between branches of government.
Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. should ensure that defence policy remains subject to international law and under democratic control. This includes ensuring that, where arms are sold, their use is not in violation of international humanitarian law.
Transparent deliberation in parliament opens up defence decisions to public scrutiny, helping the public to understand the rationale for, and risks of, military engagement and emergency powers, as well as how they comply with societal norms and human rights.
Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. may have a committee tasked with defence issues or a committee that is responsible for both security and defence. Some bicameral parliaments have a joint committee composed of MPs from both houses. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. should also have a mandate to oversee gender mainstreaming in defence policy, including the composition of the armed forces and other defence bodies, the gendered impact of military and peacekeeping operations, and the protection, during conflict, of women, girls, and lesbian, gay, bisexual, transgender, queer/questioning and intersex (LGBTQI+) persons.
Aspiring goal
Assess your parliament against this dimension
Assessment criteria
No 1: Use of military force
The constitution establishes parliament’s powers with regard to the use of military force, including the declaration of war and the deployment of troops. Parliament has the authority to investigate and debate the use of military force, including powers to summon representatives of the executive to testify before parliament. Parliament can effectively block the use of military force if there is a majority in favour.
No 2: Defence budget
Parliament has the legal authority to scrutinize, amend and approve the defence budget, including the authorization of funding for each deployment of troops, and for arms sales and weapons procurement.
No 3: Parliamentary oversight
Parliamentary committees have broad mandates to oversee defence issues, including the oversight of arms sales to ensure compliance with international humanitarian law and the oversight of gender mainstreaming in defence policy.
No 4: Resources
Parliament has in-house expertise on defence policy and has access to information and regular updates from the executive on such issues.
How to complete this assessment
This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based.
The evidence for assessment of this dimension could include the following:
- Provisions of the constitution and/or other aspects of the legal framework providing parliament with the power to authorize war and the deployment of troops, and to amend the defence budget
- Provisions of the constitution and/or other aspects of the legal framework mandating parliament to play a role in the declaration, promulgation, prolongation and lifting of a state of emergency
- Hansard Hansard The official record or transcript of debates in a parliament. The term "Hansard”, which is mostly used in Westminster-style parliaments, originated from the name of the printer in England who began preparing reports of parliamentary debates in the 18th century. The other terms in use are “transcript”, “record” and “stenogram”. /parliamentary records on debates related to the declaration of war, the deployment of troops or states of emergency
- Items on the parliamentary website or media articles related to parliament’s role in defence policy
- The terms of reference of parliamentary committees indicating their role in overseeing different aspects of defence policy
- Memorandums of understanding between defence-sector complaint bodies and parliament
Where relevant, provide additional comments or examples that support the assessment.
Sources and further reading
- Geneva Centre for the Democratic Control of Armed Forces (DCAF) and Inter-Parliamentary Union (IPU), Parliamentary Oversight of the Security Sector: Principles, Mechanisms and Practices (Geneva, 2003).
- Geneva Centre for the Democratic Control of Armed Forces (DCAF), Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. ’s role in defence procurement (Geneva, 2006).
- European Commission for Democracy Democracy The belief in freedom and equality between people, or a system of government based on this belief, in which power is held either by elected representatives or directly by the people themselves. Also, a basic right of citizenship to be exercised under conditions of freedom, equality, transparency and responsibility, with due respect for the plurality of views, and in the interest of the polity. through Law Law A body of rules of action or conduct prescribed by a controlling authority (usually passed by parliament), which has a binding legal force and must be obeyed and followed by citizens, subject to sanctions or legal consequences. Also, the whole body of binding customs, practices or rules of a community prescribed or formally recognized and enforced by a controlling authority. See also: Act of parliament, Bill, Law-making Law-making The legislative process or the act of legislating, i.e. the process by which laws are made. See also: Act of parliament, Law and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . (Venice Commission), Emergency Powers (1995).
- European Commission for Democracy Democracy The belief in freedom and equality between people, or a system of government based on this belief, in which power is held either by elected representatives or directly by the people themselves. Also, a basic right of citizenship to be exercised under conditions of freedom, equality, transparency and responsibility, with due respect for the plurality of views, and in the interest of the polity. through Law Law A body of rules of action or conduct prescribed by a controlling authority (usually passed by parliament), which has a binding legal force and must be obeyed and followed by citizens, subject to sanctions or legal consequences. Also, the whole body of binding customs, practices or rules of a community prescribed or formally recognized and enforced by a controlling authority. See also: Act of parliament, Bill, Law-making Law-making The legislative process or the act of legislating, i.e. the process by which laws are made. See also: Act of parliament, Law and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . (Venice Commission), Respect for Democracy Democracy The belief in freedom and equality between people, or a system of government based on this belief, in which power is held either by elected representatives or directly by the people themselves. Also, a basic right of citizenship to be exercised under conditions of freedom, equality, transparency and responsibility, with due respect for the plurality of views, and in the interest of the polity. , Human Rights and the Rule of Law Law A body of rules of action or conduct prescribed by a controlling authority (usually passed by parliament), which has a binding legal force and must be obeyed and followed by citizens, subject to sanctions or legal consequences. Also, the whole body of binding customs, practices or rules of a community prescribed or formally recognized and enforced by a controlling authority. See also: Act of parliament, Bill, Law-making Law-making The legislative process or the act of legislating, i.e. the process by which laws are made. See also: Act of parliament, Law and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . and Legislation Legislation A law or a set of laws that have been passed by parliament. The word is also used to describe the act of making a new law. See also: Act of parliament, Law and Law-making. . during States of Emergency – Reflections (2020).
Get help with this assessment
The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators.
Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.
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