Abstract
Modernising the Constitution: British Territories and Foreign Relations Act: Part 2.
Highlights
Part 1 of this article looked at consolidating c. 150 pieces of legislation relating to foreign affairs into one British Territories and Foreign Relations Act (‘BTFRA’)
The law - this legal fiction - is wholly out of kilter with the factual truth[1] which is not a good thing. Such impedes the development of English law. This Part concludes the rationale for consolidating legislative and common law material relating to British territories[2] and foreign relations into a BTFRA
Various Crown prerogatives relating to foreign relations should be placed in a BTFRA
Summary
Part 1 of this article looked at consolidating c. 150 pieces of legislation relating to foreign affairs into one British Territories and Foreign Relations Act (‘BTFRA’). It is important that these prerogative powers be clearly stated in legislation and made subject to the control of Parliament.[6] It may be noted that there has been little early legal analysis on the Crown prerogatives referred to in this article This applies to diplomacy in general, unlike on the continent. The appointment, and dismissal, of all of such should be undertaken only by the Foreign Minister (or delegate) and the FCDO Would it not be better for the sovereign to spend her time more profitably meeting more Heads of State (especially, Commonwealth ones) - than dealing with the (rather lower level) matter of meeting frequently changing ambassadors?.
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