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Table of Contents
Intro; Contents; About the Contributors; Chapter 1: Introduction; 1.1 Introduction; 1.2 The Aim of This Collection; 1.3 The Contributors; References; Chapter 2: Justifying Bancoult (No 2): Why Justice Hercules Must Sometimes Disappoint Us; 2.1 Introduction; 2.2 Bancoult (No 2) and Its Critics; 2.2.1 Was the Prerogative Power of Colonial Governance Limited by a Fundamental Right?; 2.2.2 Did the Formulation 'Peace, Order and Good Government' Connote a Limited or Plenary Prerogative Power?
2.2.3 Did Judges Have the Power to Review the Reasons Given by the Government for Removing the Chagossians Islanders?2.3 Positivism and Pragmatism in Bancoult (No 2); 2.3.1 What's Wrong with Positivist Textual Analysis?; 2.3.2 A Pragmatist Way Out?; 2.4 Enter Justice Hercules; 2.4.1 Interpreting Bancoult (No 2); 2.4.2 Two Competing Schemes of Principle: 'Moral No-Difference' and 'Moral Difference'; 2.4.2.1 Moral No-Difference; 2.4.2.2 Moral Difference; 2.5 Isn't It Justice Hercules's Job to Do Justice?; 2.6 Conclusion; References
Chapter 3: Environmental Protection v the Right of Abode: A Case-Study in the Misuse of Power3.1 Introduction; 3.2 The Legal Flaws in the 2009 Consultation; 3.3 The Position Today; References; Chapter 4: How Public Law Has Not Been Able to Provide the Chagossians with a Remedy; 4.1 Introduction; 4.2 Background; 4.3 First Attempts at a Remedy: The Vencatassen Case; 4.3.1 Settlement Terms Are Mis-Described; 4.3.2 Chagossians Are Misinformed; 4.4 The Judicial Review in Bancoult (No. 1) and Its Evolution; 4.4.1 Procedural Reform; 4.4.2 Do Your Homework First
4.4.3 How Did the High Court Declare the Exile Unlawful?4.5 The Group Litigation: Chagos Islanders v Attorney General and HM BIOT Commissioner [2003] EWHC 2222 (QB); 4.5.1 Misfeasance, What Misfeasance?; 4.5.2 Magna Carta: The Fountain of All Liberty?; 4.5.3 Deceit: Does It Matter?; 4.5.4 You Can't Take That Away from Me, Can You?; 4.6 Bancoult (No.2) 2004-2008; 4.7 Were the Law Lords Misled?; 4.8 The Supreme Court 2015; 4.8.1 The Views of the Minority (Lord Kerr and Lady Hale); 4.8.2 The Majority Judgment (Lord Mance, Lord Neuberger, Lord Clarke)
4.8.3 Lord Mance Examines the New Contemporaneous Evidence4.8.4 Conclusions to Be Drawn from the Supreme Court's Split Decision; 4.9 Resettlement Revisited; 4.10 Should the New Resettlement Feasibility Study Have Even Been Considered by the Supreme Court?; 4.11 What Became of the Marine Protected Area?; 4.12 Concluding Remarks; References; Chapter 5: The Subject as a Civic Ghost: Law, Dominion, and Empire in the Chagos Litigation; 5.1 Introduction: Constitutions and Rightlessness; 5.2 Creating Civic Ghosts: Rights, Authority, and Managerialism in the Chagos Litigation
2.2.3 Did Judges Have the Power to Review the Reasons Given by the Government for Removing the Chagossians Islanders?2.3 Positivism and Pragmatism in Bancoult (No 2); 2.3.1 What's Wrong with Positivist Textual Analysis?; 2.3.2 A Pragmatist Way Out?; 2.4 Enter Justice Hercules; 2.4.1 Interpreting Bancoult (No 2); 2.4.2 Two Competing Schemes of Principle: 'Moral No-Difference' and 'Moral Difference'; 2.4.2.1 Moral No-Difference; 2.4.2.2 Moral Difference; 2.5 Isn't It Justice Hercules's Job to Do Justice?; 2.6 Conclusion; References
Chapter 3: Environmental Protection v the Right of Abode: A Case-Study in the Misuse of Power3.1 Introduction; 3.2 The Legal Flaws in the 2009 Consultation; 3.3 The Position Today; References; Chapter 4: How Public Law Has Not Been Able to Provide the Chagossians with a Remedy; 4.1 Introduction; 4.2 Background; 4.3 First Attempts at a Remedy: The Vencatassen Case; 4.3.1 Settlement Terms Are Mis-Described; 4.3.2 Chagossians Are Misinformed; 4.4 The Judicial Review in Bancoult (No. 1) and Its Evolution; 4.4.1 Procedural Reform; 4.4.2 Do Your Homework First
4.4.3 How Did the High Court Declare the Exile Unlawful?4.5 The Group Litigation: Chagos Islanders v Attorney General and HM BIOT Commissioner [2003] EWHC 2222 (QB); 4.5.1 Misfeasance, What Misfeasance?; 4.5.2 Magna Carta: The Fountain of All Liberty?; 4.5.3 Deceit: Does It Matter?; 4.5.4 You Can't Take That Away from Me, Can You?; 4.6 Bancoult (No.2) 2004-2008; 4.7 Were the Law Lords Misled?; 4.8 The Supreme Court 2015; 4.8.1 The Views of the Minority (Lord Kerr and Lady Hale); 4.8.2 The Majority Judgment (Lord Mance, Lord Neuberger, Lord Clarke)
4.8.3 Lord Mance Examines the New Contemporaneous Evidence4.8.4 Conclusions to Be Drawn from the Supreme Court's Split Decision; 4.9 Resettlement Revisited; 4.10 Should the New Resettlement Feasibility Study Have Even Been Considered by the Supreme Court?; 4.11 What Became of the Marine Protected Area?; 4.12 Concluding Remarks; References; Chapter 5: The Subject as a Civic Ghost: Law, Dominion, and Empire in the Chagos Litigation; 5.1 Introduction: Constitutions and Rightlessness; 5.2 Creating Civic Ghosts: Rights, Authority, and Managerialism in the Chagos Litigation