Foreign affairs
The Royal Prerogative is in much use in the realm of foreign affairs. It is the monarch who recognises foreign states (although several statutes regulate the immunities enjoyed by their heads and diplomatic representatives), issues declarations of war and peace, and forms international treaties. The monarch also has the power to annex territory, as was done in 1955 with the island of Rockall. Once territory has been annexed, the monarch has complete discretion as to what extent it will take over the former government's liabilities; this was confirmed in West Rand Central Gold Mining Company v The King. The monarch also has the power to alter British territorial waters and cede territory. Her freedom to do this in reality rather than theory is doubtful, in that it would involve depriving British citizens of their nationality and rights. When the island of Heligoland was ceded to Germany in 1890, Parliamentary approval was first sought.[22] The monarch can also regulate colonies and dependent territories by exercising the prerogative through Orders-in-Council. The courts have long fought with the monarch's use of this power; in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2),[23] the Court of Appeal ruled that using Orders-in-Council to frustrate judicial rulings was an unlawful abuse of power, although this was later overturned.[24]
Passports are also regulated by the prerogative, although there are statutory grounds. Under the common law, citizens have the right to freely leave and enter the United Kingdom. In R v Foreign Secretary ex parte Everett, the courts held that it was their right to review situations where a British citizen has been granted or withheld a passport. The writ of ne exeat regno is also used to prevent a person leaving the country. The right to form treaties is a disputed prerogative power; under Blackstone's definition, a prerogative power must be one unique to the monarch. However, because a treaty cannot interface with United Kingdom law without an enabling Act of Parliament (such as the European Communities Act 1972), the monarch alone cannot bring one into force.[25]
