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.

All labels observed (2)

How this entity was disambiguated

Statements (46)

Predicate Object
instanceOf House of Lords decision
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
concerns exclusion of Chagos Islanders from their homeland
removal of Chagos Islanders
concernsTerritory British Indian Ocean Territory
Chagos Archipelago
country United Kingdom
court Appellate Committee of the House of Lords
decisionDate 2008-10-22
defendant Secretary of State for Foreign and Commonwealth Affairs
dissentingOpinionBy Lord Bingham of Cornhill
fullName R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
involvesGroup Chagos Islanders
linked to: Chagossians
involvesState United Kingdom government
linked to: UK government
judge Lord Bingham of Cornhill
Lord Carswell
Lord Mance
Lord Rodger of Earlsferry
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
legalSignificance controversial decision regarding rights of displaced indigenous populations
important precedent on the scope of prerogative powers over overseas territories
leading authority on judicial review of Orders in Council
majorityOpinionBy Lord Carswell
Lord Hoffmann
Lord Mance
Lord Rodger of Earlsferry
outcome Orders in Council upheld as lawful
appeal by the Secretary of State allowed
overturnedDecisionOf Court of Appeal of England and Wales
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)
subjectMatter removal and exclusion of inhabitants from British Indian Ocean Territory
yearDecided 2008

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann notableWork Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2)
Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2) fullName R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
linked to: Bancoult v Secretary of State for Foreign and Commonwealth Affairs (No 2)