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United Kingdom Leading Case grounds illegalityseparation of powers

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)

[2008] UKHL 61
JurisdictionUnited Kingdom
CourtUK House of Lords
Year2008
StatusBinding authority

Summary

Prerogative power to legislate for a colony by Order in Council is subject to judicial review on ordinary public law grounds.

Key Principle

The prerogative power to legislate for a colony by Order in Council is subject to the same principles of judicial review as any other executive act; Lord Hoffmann dissented.

Area of Law

public-law

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