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Historically, legal authority to issue passports is founded on the exercise of each country's executive discretion (or Crown prerogative). Arkelian have argued that evolutions in both the constitutional law of democratic countries and the international law applicable to all countries now render those historical tenets both obsolete and unlawful.

Certain legal tenets follow, namely: first, passports are issued in the name of the state; second, no person has a legal right to be issued a passport; third, each country's government, in exercising its executive discretion, has complete and unfettered discretion to refuse to issue or to revoke a passport; and fourth, that the latter discretion is not subject to judicial review. Under some circumstances some countries allow people to hold more than one passport document.

ICAO standards include those for machine-readable passports.

Such passports have an area where some of the information otherwise written in textual form is written as strings of alphanumeric characters, printed in a manner suitable for optical character recognition.

In 1794, issuing British passports became the job of the Office of the Secretary of State.

A rapid expansion of railway infrastructure and wealth in Europe beginning in the mid-nineteenth century led to large increases in the volume of international travel and a consequent unique dilution of the passport system for approximately thirty years prior to World War I.

Standard passports may contain information such as the holder's name, place and date of birth, photograph, signature, and other identifying information.

Many countries are moving towards including biometric information in a microchip embedded in the passport, making them machine-readable and difficult to counterfeit.

Like some smartcards, the passport booklet design calls for an embedded contactless chip that is able to hold digital signature data to ensure the integrity of the passport and the biometric data.

Many countries normally allow entry to holders of passports of other countries, sometimes requiring a visa also to be obtained, but this is not an automatic right.

Many other additional conditions, such as not being likely to become a public charge for financial or other reasons, and the holder not having been convicted of a crime, may apply.

Where a country does not recognise another, or is in dispute with it, it may prohibit the use of their passport for travel to that other country, or may prohibit entry to holders of that other country's passports, and sometimes to others who have, for example, visited the other country.

Some countries and international organisations issue travel documents which are not standard passports, but enable the holder to travel internationally to countries that recognise the documents.

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