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Prerogative legislation as the paradigm of bad law-making: The Chagos Islands

Citation: Cormacain, Ronan (2012) Prerogative legislation as the paradigm of bad law-making: The Chagos Islands. Masters thesis, Institute of Advanced Legal Studies, School of Advanced Study.


Creative Commons: Attribution-Noncommercial-No Derivative Works 3.0

Through a detailed examination of the British Indian Ocean Territory (Constitution) Order 2004 and its impact on the Chagos Islands (a small archipelago of coral atolls in the Indian Ocean and a British Overseas Territory) this dissertation describes the characteristics of bad law - law that is low quality, inaccessible and ultra vires. The author identifies the anti-democratic dimensions of the law-making involved, highlighting the ways in which the 2004 Order is legislation without a legislature; was not voted upon or assented to by the British Parliament; was not the subject of a referendum among the Chagossians and was not voted upon by any representatives of the Chagossians.

Additional Information: Master dissertation (distinction) - LLM in Advanced Legislative Studies
Creators: Cormacain, Ronan and
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Subjects: Law
Keywords: Legislation, Drafting, Bill drafting, Legislative studies, Political questions and Judicial Power, Chagos Islands, British Overseas Territory, Democracy, Democratic process
Divisions: Institute of Advanced Legal Studies
Collections: Theses and Dissertations
  • September 2012 (submitted)


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