Orders in Council. We in
Their representatives brought a lawsuit in the High Court in
The islanders took the British government back to court. They challenged the validity of this last Order in Council. In the High Court, Government’s counsel argued that the court had no jurisdiction to question the validity of an Order in Council. The argument was that it was the Queen’s prerogative. The Chagos Islanders argued that the court did have the right to look at the validity of an Order in Council. The High Court found in favour of the Islanders. It held that the Order in Council had been illegal. Government then appealed to the Court of Appeal. On 23 May 2007, the Court of Appeal upheld the decision of the High Court. The court concluded that the Order in Council was illegal because it frustrated the legitimate expectation of the islanders to be allowed to return to the
A country’s Constitution is the contract made between a people and its government as to the way they consent to be governed. It cannot be altered by one party unilaterally. Any Order in Council that amends our Constitution without due consent will be illegal. This decision is very important for us in
Tomorrow we look at why we must prepare.