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R (Bancoult) V Secretary Of State For Foreign And Commonwealth Affairs
''R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2)'' Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 Order in Council, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost. In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of ''certiorari'' on the grounds that the ordinance was ''ultra vires'' ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 Order in Council and announced he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Napoleon
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who rose to prominence during the French Revolution and led successful campaigns during the Revolutionary Wars. He was the ''de facto'' leader of the French Republic as First Consul from 1799 to 1804, then Emperor of the French from 1804 until 1814 and again in 1815. Napoleon's political and cultural legacy endures to this day, as a highly celebrated and controversial leader. He initiated many liberal reforms that have persisted in society, and is considered one of the greatest military commanders in history. His wars and campaigns are studied by militaries all over the world. Between three and six million civilians and soldiers perished in what became known as the Napoleonic Wars. Napoleon was born on the island of Corsica, not long af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mauritius
Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It includes the main island (also called Mauritius), as well as Rodrigues, Agaléga and St. Brandon. The islands of Mauritius and Rodrigues, along with nearby Réunion (a French overseas department), are part of the Mascarene Islands. The main island of Mauritius, where most of the population is concentrated, hosts the capital and largest city, Port Louis. The country spans and has an exclusive economic zone covering . Arab sailors were the first to discover the uninhabited island, around 975, and they called it ''Dina Arobi''. The earliest discovery was in 1507 by Portuguese sailors, who otherwise took little interest in the islands. The Dutch took possession in 1598, establishing a succession of short-lived settlements over a period of about ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Ocean
The Indian Ocean is the third-largest of the world's five oceanic divisions, covering or ~19.8% of the water on Earth's surface. It is bounded by Asia to the north, Africa to the west and Australia to the east. To the south it is bounded by the Southern Ocean or Antarctica, depending on the definition in use. Along its core, the Indian Ocean has some large marginal or regional seas such as the Arabian Sea, Laccadive Sea, Bay of Bengal, and Andaman Sea. Etymology The Indian Ocean has been known by its present name since at least 1515 when the Latin form ''Oceanus Orientalis Indicus'' ("Indian Eastern Ocean") is attested, named after Indian subcontinent, India, which projects into it. It was earlier known as the ''Eastern Ocean'', a term that was still in use during the mid-18th century (see map), as opposed to the ''Western Ocean'' (Atlantic Ocean, Atlantic) before the Pacific Ocean, Pacific was surmised. Conversely, Ming treasure voyages, Chinese explorers in the Indian Oce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Atolls
An atoll () is a ring-shaped island, including a coral rim that encircles a lagoon partially or completely. There may be coral islands or cays on the rim. Atolls are located in warm tropical or subtropical oceans and seas where corals can grow. Most of the approximately 440 atolls in the world are in the Pacific Ocean. Two different, well-cited models, the subsidence and antecedent karst models, have been used to explain the development of atolls.Droxler, A.W. and Jorry, S.J., 2021. ''The Origin of Modern Atolls: Challenging Darwin's Deeply Ingrained Theory.'' ''Annual Review of Marine Science'', 13, pp.537-573. According to Charles Darwin's ''subsidence model'', the formation of an atoll is explained by the subsidence of a volcanic island around which a coral fringing reef has formed. Over geologic time, the volcanic island becomes extinct and eroded as it subsides completely beneath the surface of the ocean. As the volcanic island subsides, the coral fringing reef becomes a b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R (on The Application Of Bancoult (No 2)) V Secretary Of State For Foreign And Commonwealth Affairs
''R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs'' 016UKSC 35 was a 2016 judgment of the Supreme Court of the United Kingdom that affirmed the decision of the House of Lords in '' R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2)'' despite new evidence subsequently coming to light. The case dismissed an attempt to set aside ''R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)'' 008UKHL 61 on the grounds that the British government had failed to disclose a feasibility study relating to the Chagos Islands. See also *Chagos Archipelago *Louis Olivier Bancoult Louis Olivier Bancoult (born 1964) is a Chagossian activist who is the leader of thChagos Refugee Groupref name=":0"> (CRG). Biography He was born in 1964 on the island of Peros Banhos in the Chagos Archipelago, from where he was forcibly removed ... References External linksSupreme Court judgment [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Civil Service Unions V Minister For The Civil Service
''Council of Civil Service Unions v Minister for the Civil Service'' , or the GCHQ case, is a United Kingdom constitutional law and UK labour law case that held the royal prerogative was subject to judicial review. In 1984, by issuing an Order in Council using the royal prerogative, the government of Margaret Thatcher banned employees of the Government Communications Headquarters (GCHQ) from joining any trade union for "national security" reasons. The Council of Civil Service Unions claimed in judicial review that the order defeated their legitimate expectation of being able to collectively bargain for fair wages. The High Court of Justice held the Order in Council was invalid. The Court of Appeal held national security concerns meant that judicial review was impossible. The House of Lords held that exercises of the royal prerogative were subject to judicial review, but there were exceptions, including for matters of national security. This was a significant break from the previous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legitimate Expectation
The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power. The courts of the United Kingdom have recognized both procedural and substantive legitimate expectations. A procedural legitimate expectation rests on the presumption that a public authority will follow a certain procedure in advance of a decision being taken, while a substantive legitimate expectation arises where an authority makes a lawful representation that an individual will receive or continue to receive some kind of substantive benefit. In determining a claim for an alleged breach of a legitimate expectation, a court will deliberate over three key considerations: * whether a legitimate expectation has arisen; * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Cook
Robert Finlayson "Robin" Cook (28 February 19466 August 2005) was a British Labour politician who served as a Member of Parliament (MP) from 1974 until his death in 2005 and served in the Cabinet as Foreign Secretary from 1997 until 2001 when he was replaced by Jack Straw. He then served as Leader of the House of Commons from 2001 until 2003. He studied at the University of Edinburgh before being elected as the Member of Parliament for Edinburgh Central in 1974; he switched to the Livingston constituency in 1983. In Parliament, he was known for his debating ability and rapidly rose through the political ranks and ultimately into the Cabinet. As Foreign Secretary, he oversaw British interventions in Kosovo and Sierra Leone. He resigned from his positions as Lord President of the Council and Leader of the House of Commons on 17 March 2003 in protest against the invasion of Iraq. At the time of his death, he was President of the Foreign Policy Centre and a Vice-President of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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