R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61.

Facts:
  • The appellant Secretary of State appealed against a decision that two Orders in Council which had the effect of preventing former inhabitants of the Chagos Islands from returning there were an abuse of power
  • Her Majesty exercised her prerogative to make two Orders in Council which had the effect of preventing the Chagossians form returning to the islands
  • Secretary of State argued that the courts had no power to review the validity of an Order in Council legislating for a colony

Issue:
  • Whether the courts could subject Orders in Council to judicial review
  • Questioned the legality of the 2004 Order

Held:
  • The appeal was allowed
  • Prerogative legislation could be subject to review on ordinary principles of legality, rationality and procedural impropriety
  • The Lords upheld the legality of the Constitutional Order

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