The Colonial Constitution in the Supreme Court

The Bancoult litigation before the Supreme Court continues a long-standing tradition of imperial courts not considering colonial abuses of power. The Bancoult cases show that when it comes to the colonial constitution, UK public law is still not able to provide redress and remedies for colonised peoples. It also shows a disinclination of domestic courts to consider the historical context of colonial wrongs. The Chagossians, claimants who wished to undo the wrong of being exiled from their homeland, did not have their claim dealt with in the round. The dispute was reduced to specific heads of claim which meant wider injustices could not be rectified.

Publication Details

Journal
Kent Academic Repository (University of Kent)
Published
2024-10-06
Primary Topic
Island Studies and Pacific Affairs
Type
article
Field-Weighted Citation Impact
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article

The Colonial Constitution in the Supreme Court

Kent Academic Repository (University of Kent)
Island Studies and Pacific Affairs
article

The Colonial Constitution in the Supreme Court

article en

Abstract

The Bancoult litigation before the Supreme Court continues a long-standing tradition of imperial courts not considering colonial abuses of power. The Bancoult cases show that when it comes to the colonial constitution, UK public law is still not able to provide redress and remedies for colonised peoples. It also shows a disinclination of domestic courts to consider the historical context of colonial wrongs. The Chagossians, claimants who wished to undo the wrong of being exiled from their homeland, did not have their claim dealt with in the round. The dispute was reduced to specific heads of claim which meant wider injustices could not be rectified.

Kent Academic Repository (University of Kent)
Peace, Justice and strong institutions
Openalex Percentile: Top 25%
Island Studies and Pacific Affairs
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The Colonial Constitution in the Supreme Court · Kent Academic Repository (University of Kent) (2024) | TGRS Research Map | TGRS