‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’
The Guardian, 26th June 2016
Source: www.guardian.co.uk
‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’
The Guardian, 22nd June 2015
Source: www.guardian.co.uk
‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’
UK Constitutional Law Association, 19th November 2014
Source: www.ukconstitutionallaw.org/blog
‘Suspected jihadis, including teenagers, who travel to Syria will be prevented from returning to Britain for two years and only allowed to re-enter if they consent to face trial, home detention, regular police monitoring or go on a deradicalisation course. The plan, agreed after months of internal Whitehall talks, has been cleared by government law officers and devised to minimise legal claims that the British government will be rendering citizens stateless by barring them from the UK.’
The Guardian, 14th November 2014
Source: www.guardian.co.uk
“Official legal advice about when Royal consent is required for legislation to proceed has been published after a long-running battle by the Cabinet Office to keep it under wraps.”
The Independent, 15th January 2013
Source: www.independent.co.uk
Related link: Queen’s or Prince’s Consent (PDF)
“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”
The Guardian, 24th February 2011
Source: www.guardian.co.uk
“A review of the ancient royal prerogative powers available to UK government ministers.”
Ministry of Justice, 15th October 2009
Source: www.justice.gov.uk
“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”
The Times, 21st May 2009
Source: www.timesonline.co.uk
Regina (Shields) v Secretary of State for Justice
Queen’s Bench Divisional Court
“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”
The Times, 14th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398
“The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”
WLR Daily, 18th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Abuse of executive power over Chagos Islanders
Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)
Court of Appeal
“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”
The Times, 31st May 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498
“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”
WLR Daily, 23rd May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Families expelled from the Chagos Islands by the British Government to make way for the Diego Garcia US airbase today won their legal battle to return home.”
The Independent, 23rd May 2007
Source: www.independent.co.uk
“MPs have approved moves to give Parliament the final say on whether British troops should be sent to war.”
BBC News, 16th May 2007
Source: www.bbc.co.uk
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