Foreign Policy Analysis

Abstract

This chapter concentrates on the lack of recognition of the judiciary’s role in foreign affairs—something that is still noticeable in Foreign Policy Analysis (FPA) literature. FPA has to move away from its state-centred orientation, which focuses on the two political branches of government, and accord due recognition to the judiciary and its increasing relevance and influence in foreign affairs. This concept of state-centrism has been FPA’s gravitational force for too long. National security also begged for more comprehensive understanding. Equally so does the dimension of domestic politics that is important for the analysis of foreign-policy decision making. Many judicial actions directly and indirectly affect foreign affairs. The point is not whether the judiciary has a role to play in foreign affairs, but rather how much influence it exerts. It has become a factor of influence and consequence in foreign affairs in its own right. It may appear small, but its significance is not. The relationship between the judiciary and foreign affairs has taken on added rather than diminished significance. The “repacking” of the FPA toolbox has identified new actors who now influence the policy-making process. The judiciary is certainly not an actor to the same extent and significance as the other two branches. However, this neglected actor does have an influence of consequence when it comes to foreign affairs. Its place in the toolbox is more than justified. The judiciary should therefore be given its due weight in the foreign-policy making process and be recognised for its role in foreign affairs.