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)