In R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Rees-Mogg, [1994] QB 552, the ratification of the Maastricht treaty by the UK government, an exercise of the treaty-making prerogative power, was challenged by a leading newspaper columnist. He argued, inter alia, that joining a common European Union security system was an unlawful surrender of the Crown's duty to protect the realm. It was further argued that under English common law, the Crown is incapable of abandoning or transferring any of its ancient prerogative powers without statutory enactment. The government argued that the matters raised by the applicant were not justiciable, as treaty-making powers rest with the Crown and their exercise cannot be challenged or questioned in the courts. The court was prepared to assume that, in respect of the government's exercise of prerogative powers in relation to the making of treaties, the courts could consider such matters. Unfortunately for the applicant, however, the court held that the Maastricht treaty did not involve a surrender or transfer of prerogative powers.