Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2)
E655794
Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2) is a landmark 2008 House of Lords decision concerning the legality of the UK government's removal and exclusion of the Chagos Islanders from their homeland.
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
House of Lords decision
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United Kingdom court case ⓘ judicial review case ⓘ public law case ⓘ |
| areaOfLaw |
administrative law
ⓘ
constitutional law ⓘ human rights law ⓘ |
| citation | [2008] UKHL 61 ⓘ |
| claimant | Louis Olivier Bancoult NERFINISHED ⓘ |
| concerns |
exclusion of Chagos Islanders from their homeland
ⓘ
removal of Chagos Islanders ⓘ |
| concernsTerritory |
British Indian Ocean Territory
NERFINISHED
ⓘ
Chagos Archipelago NERFINISHED ⓘ |
| country | United Kingdom ⓘ |
| court | Appellate Committee of the House of Lords NERFINISHED ⓘ |
| decisionDate | 2008-10-22 ⓘ |
| defendant | Secretary of State for Foreign and Commonwealth Affairs NERFINISHED ⓘ |
| dissentingOpinionBy | Lord Bingham of Cornhill NERFINISHED ⓘ |
| fullName | R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) NERFINISHED ⓘ |
| involvesGroup | Chagos Islanders NERFINISHED ⓘ |
| involvesState | United Kingdom government NERFINISHED ⓘ |
| judge |
Lord Bingham of Cornhill
NERFINISHED
ⓘ
Lord Carswell NERFINISHED ⓘ Lord Mance NERFINISHED ⓘ Lord Rodger of Earlsferry NERFINISHED ⓘ |
| jurisdiction | United Kingdom ⓘ |
| keyIssue |
lawfulness of preventing resettlement of Chagos Islanders
ⓘ
legality of Orders in Council made under the royal prerogative ⓘ scope of the royal prerogative to legislate for overseas territories ⓘ |
| languageOfProceedings | English ⓘ |
| leadingJudge | Lord Hoffmann NERFINISHED ⓘ |
| legalSignificance |
controversial decision regarding rights of displaced indigenous populations
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important precedent on the scope of prerogative powers over overseas territories ⓘ leading authority on judicial review of Orders in Council ⓘ |
| majorityOpinionBy |
Lord Carswell
NERFINISHED
ⓘ
Lord Hoffmann NERFINISHED ⓘ Lord Mance NERFINISHED ⓘ Lord Rodger of Earlsferry NERFINISHED ⓘ |
| outcome |
Orders in Council upheld as lawful
ⓘ
appeal by the Secretary of State allowed ⓘ |
| overturnedDecisionOf | Court of Appeal of England and Wales NERFINISHED ⓘ |
| ratio |
Orders in Council are reviewable by the courts but were not irrational or unlawful on the facts
ⓘ
the royal prerogative to legislate for a colony extends to exclusion of inhabitants for reasons of defence and foreign policy ⓘ |
| relatedCase | R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 1) NERFINISHED ⓘ |
| subjectMatter | removal and exclusion of inhabitants from British Indian Ocean Territory ⓘ |
| yearDecided | 2008 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Lord Hoffmann
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notableWork
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Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2)
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