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

2013/08/12 by Ronan Cormacain · 2 citations
Business, Management and Accounting · Social Sciences · Economics, Econometrics and Finance · #Law, logistics, and international trade #Legal Issues in South Africa #Economic Zones and Regional Development

paper · doi:10.1080/03050718.2013.822317

openalex publication_date 2013/08/12 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/29

Abstract

Legislation made by way of the Royal Prerogative is a paradigm of bad law-making. This is examined via the case study of the British Indian Ocean Territory (Constitution) Order 2004. The Order was made without reference to a legislature and without proper scrutiny or legislative drafting. It is unclear, ambiguous and imprecise. It does not use plain language or gender-neutral language. It is deliberately inaccessible, making it extremely hard for the citizen to know its contents. In form and substance, it offends against the rule of law.

Cited by

• British Indian Ocean Territory [wikipedia]
• Government of the British Indian Ocean Territory [wikipedia]

Related

• The Chagos Islands and international orders: human rights, rule of law, and foreign rule
• Revisiting the Doctrine of Intertemporal Law
• The Dialogues of [Comparative] Law
• Reckoning with colonial injustice: International law as culprit and as remedy?
• The creation of Anglo-Hindu law