ABSTRACT

The concept of citizenship is fundamental to the question of rights of residence and freedom of movement of the individual. Historically, at common law, any individual lawfully within the realm owed a duty of allegiance to the Crown, in return for which the Crown owed a duty of protection to the individual.2 This reciprocal relationship, in the eighteenth century, came to be dubbed the social contract under which citizens conceded power to government to rule, the government holding its powers as a trustee of the individual’s rights and freedoms.3 The Crown had the right to control rights of entry to the country, and the duty to protect the country’s borders.4 Being an island, from a historical point of view, the task of controlling the external boundaries of the state was a relatively easy matter.