Honi Soit Qui Objects To Colonization and Expulsion

The government replied by saying that the royal prerogative was “primary law” and could not be challenged by the courts.

The majority opinion in the House of Lords, expressed in the opinion of Lord Hoffman, held that while the royal prerogative could be challenged in court, in this case, the government was right.

“The right of abode is a creature of the law. The law gives it and the law may take it away,” he ruled.

As for the issue of “good governance”, he rejected the argument that this meant the interest of the islanders alone had to be considered.

Lord Hoffman said there were wider interests, and wrote: “Her Majesty in Council is therefore entitled to legislate for a colony in the interests of the United Kingdom.”

He also said the government was entitled to take into account the interest of its ally, the United States.

Rough translation: we can do whatever the hell we like and there’s nothing you can do about it.

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October 2008
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