| R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) | |
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| Court | Supreme Court of the United Kingdom |
| Citation(s) | [2018] UKSC 3 |
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) [2018] UKSC 3 [1] is a 2018 legal case concerning the admissibility of a leaked diplomatic cable as evidence in a dispute over the legality of a marine protected area in the British Indian Ocean Territory.
The secretary of state for foreign, Commonwealth and development affairs, also known as the foreign secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Foreign, Commonwealth and Development Office. The role is seen as one of the most senior ministers in the UK Government and is a Great Office of State. The incumbent is a member of the Cabinet of the United Kingdom and National Security Council, and reports directly to the prime minister.
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. The term should not be confused with Orders of Council, which are made in the name of the Council without sovereign approval.
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States.
The Chagossians are an African ethnic group originating from French slaves brought to the Chagos Islands, specifically Diego Garcia, Peros Banhos, and the Salomon island chain, in the late 18th century. Under international law, they are the indigenous people of the Chagos archiepalgo. Most Chagossians now live in Mauritius and the United Kingdom after being forcibly removed by the British government in the late 1960s and early 1970s so that Diego Garcia, the island where most Chagossians lived, could serve as the location for a United States military base. Today, no Chagossians are allowed to live on the island of Diego Garcia or anywhere in the Chagos archipelago, despite many of the islands they used to inhabit being over 100 miles away from Diego Garcia.
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa.
The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas.
The United Kingdom, at the request of the United States, began expelling the inhabitants of the Chagos Archipelago in 1968, concluding its forced deportations on 27 April 1973 with the expulsion of the remaining Chagossians on the Peros Banhos atoll. The inhabitants, known at the time as the Ilois, are today known as Chagos Islanders or Chagossians.
Irish citizens in the United Kingdom enjoy a special status when residing there, due to close proximity of the UK and Ireland and historical ties between the two countries. They are considered to have automatic and permanent permission to live in the UK and are eligible to vote, stand for public office, and serve in non-reserved government positions.
The King-in-Council or the Queen-in-Council, depending on the sex of the reigning monarch, is a constitutional term in a number of states. In a general sense, it refers to the monarch exercising executive authority, usually in the form of approving orders, on the advice of the country's privy council or executive council.
Sir Stephen John Sedley is a British lawyer. He worked as a judge of the Court of Appeal of England and Wales from 1999 to 2011 and was a visiting professor at the University of Oxford from 2011 to 2015.
Robert John Reed, Baron Reed of Allermuir, is a British judge who has been President of the Supreme Court of the United Kingdom since January 2020. He was the principal judge in the Commercial Court in Scotland before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere; he served as one of the UK's ad hoc judges at the European Court of Human Rights. He was also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
Campbell v Hall (1774) 1 Cowp 204, 98 ER 1045 was a case decided in the Court of King's Bench in 1774. On its face it was a private action for recovery of sums paid to a tax agent, but the decision laid down the principles of the King's constitutional authority in a British colony, deciding amongst other things that such authority is absolute until a representative assembly is granted, at which point the authority of the Crown is limited.
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the 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 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.
Louis Olivier Bancoult is a Chagossian activist for the right of return and the leader of the Chagos Refugee Group (CRG).
R v Secretary of State for Foreign and Commonwealth Affairs, ex p Bancoult [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. The 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.
Secretary of State for Foreign and Commonwealth Affairs v Yunus Rahmatullah [2012] UKSC 48 is a UK constitutional law case concerning the detention of Yunus Rahmatullah, a Pakistani citizen detained in Iraq, and later Afghanistan, who is alleged to have travelled to Iraq to fight for Al-Qaeda during the Second Iraq War.
R v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 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 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 [2008] UKHL 61 on the grounds that the British government had failed to disclose a feasibility study relating to the Chagos Islands.
Anthony Wilfred Bradley was a British barrister, academic and leading expert in UK constitutional law, social security and human rights.
In public law, abrogation is the proposing away of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. The abrogation of such a responsibility or duty, unless required by primary legislation would amount to an unconstitutional delegation of power to a foreign government or other sovereign power.
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