Passports, the right to travel, and national security in the Commonwealth

Scott, P. F. (2020) Passports, the right to travel, and national security in the Commonwealth. International and Comparative Law Quarterly, 69(2), pp. 365-395. (doi: 10.1017/S0020589320000093)

Abstract

This article, on the basis of a consideration of the development of the law relating to the use of passports as a tool of national security in the United Kingdom, Canada, Australia and New Zealand, challenges the common law conception of passports, arguing that passports effectively confer rights and so, consequentially, that the refusal or withdrawal of a passport represents a denial of rights. From this conclusion a number of points flow. Though these consequences are most acute for the United Kingdom and Canada, in which passports remain regulated by, and are issued under, prerogative powers, there are also a number of points of significance for Australia and New Zealand, where passports have a statutory basis.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Scott, Mr Paul
• Authors: Scott, P. F.
• Subjects: K Law > K Law (General)
• College/School: College of Social Sciences > School of Law
• Journal Name: International and Comparative Law Quarterly
• Journal Abbr.: ICLQ
• Publisher: Cambridge University Press
• ISSN: 0020-5893
• ISSN (Online): 1471-6895
• Published Online: 16 April 2020
• Copyright Holders: Copyright © 2020 The Author
• First Published: First published in International and Comparative Law Quarterly 69(2) 365-295
• Publisher Policy: Reproduced in accordance with the publisher copyright policy