Foreign Affairs in English Courts
Contents
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The Rule The Rule
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Certification and Information Certification and Information
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The Scope of the Rule The Scope of the Rule
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1. Territory 1. Territory
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2. State of War, Belligerency, Neutrality 2. State of War, Belligerency, Neutrality
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3. Civil War or Insurgency 3. Civil War or Insurgency
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4. Immunity 4. Immunity
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5. Existence of States 5. Existence of States
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6. Abolition of a State 6. Abolition of a State
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7. Government of a Recognised State 7. Government of a Recognised State
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Cite
Abstract
The facts, circumstances, and events which lie at the root of foreign affairs and their conduct by the Executive have conveniently been described as facts of State. These are facts which are peculiarly within the cognisance of the Executive. For this reason, at any rate in so far as they are within the scope of the United Kingdom's Executive, they can be proved only in a special manner, namely by a certificate issued by the Foreign and Commonwealth Office or by a statement made to the court by the Attorney-General rather than by other documentary or oral evidence. The idea underlying this practice is the familiar one: in matters relating to foreign affairs the judiciary and the Executive should speak with one voice. The scope of prerogative power is discussed, covering territory; state of war, belligerency, and neutrality; civil war or insurgency, immunity, abolition of a state, and government of a recognized state.
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