‘The British Indian Ocean Territory Constitution Order 2004 is legislation made by Royal Prerogative. Section 9 provides that there is no right of abode in the Chagos Islands. In R (Mandarin) v HM BIOT Commissioner (31 March 2026) the British Indian Ocean Territory Supreme Court ruled that section 9 was irrational and quashed it. I argue that the judgment is correct, that the 2004 Order is a colonial anachronism and that is antithetical to constitutional principles, democratic principles and the rule of law.’
UK Constitutional Law Association, 13th April 2026
Source: ukconstitutionallaw.org
