The British Overseas Territories and the British Courts: an article in the Oxford University Commonwealth Law Journal

William Fotherby, a lawyer, has recently published an article in the Oxford University Commonwealth Law Journal seeking to defend the British courts against charges of colonialism in determining challenges brought to the British Government’s direct intervention in the administration of its overseas territories.

Primarily from the analysis of three sets of cases (Christian v R [2007] 2 AC 400 (PC), R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2009] 1 AC 453 (HL), and R (Misick) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 1039 (Admin), [2009] EWCA Civ 1549), Mr Fotherby argues that the courts have adopted a sensitive approach to questions of how these territories are governed—little different to the one employed in the domestic context—that appropriately safeguards the rights of territory citizens from British Government overreach.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s