R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1)
| R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1) | |
|---|---|
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| Court | High Court of Justice |
| Citation(s) | [2000] EWHC Admin 413 |
R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 1) [2000] EWHC Admin 413 was a 2000 legal case in which Olivier Bancoult sought a judicial review of the ordinance which allowed the Chaggosian people to be forcibly removed from their homeland. A divisional court ruled that the ordinance that allowed the removal was "ultra vires" as the power to legislate for "peace, order and good governance" of the territory did not include a power to expel the inhabitants.[1]
The ordinance was replaced by an Order in Council, and in R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult (No 2) this was upheld as legal by the House of Lords in a 3-2 judgment.
References[edit]
- ^ Westra, L. (2011), Human Rights: The Commons of the Collective, Vancouver: UBC Press, p. 186
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