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The Common Law, the Royal Prerogative and Executive Legislation

University of Cambridge, Faculty of Law

Saturday 19th January 2008


Session One:
'The Bancoult Cases: Common Law Constraints on Governmental Power to Legislate for Colonies'

Philip Sales QC, 11 King's Bench Walk
Bancoult (No.2) and Legitimate Expectation.

Professor John Finnis, University College, Oxford
Common Law Constraints: Whose Common Good Counts?

Dr Paul McHugh, University of Cambridge
Links between the Common-Law (Anglo-Commonwealth) Jurisprudence on Aboriginal Rights/Title and the Bancoult Case.

Ms Emma Waring, Doctoral Candidate, University of Cambridge
Limits to the Crown's Rights as a Landowner.

Session Two:
'The Bancoult Cases: Other Perspectives on the Prospects for Resettlement and the Powers of Colonial Governance'

Dr Mark Spalding, Senior Marine Scientist, The Nature Conservancy
Biodiversity, Resettlement and the Long Term Prospects (in the Face of Climate Change) for Small Populations on Small Tropical Islands.

[Related Article: Chagos Conservation Management Plan.]

Mr Stephen Allen, Brunel University
International Law and the Prospect of Resettling the Chagos Islands.

Dr Patrick Capps, University of Bristol
Responsibility for Acts in Violation of International Law in the British Indian Ocean Territory.

Mr David Snoxell, Former High Commissioner to Mauritius
Political Context (the Bancoult Case) and Possible Solutions.

Session Three:
'Broader Public Law Perspectives: The Common Law, the Royal Prerogative and Executive Legislation'

Professor Denis Baranger, Paris II
The Constitution 'as it should be' and the Constitution 'as it is'.

Professor William Hamilton Bryson, University of Richmond
The Origin of the Prerogative.

Dr Amanda Perreau-Saussine, University of Cambridge
British acts of state in English Courts - forthcoming BYIL 2008.

Professor Cheryl Saunders, University of Melbourne
The Prerogative in a Written Constitution.

Other participants:
Professor Trevor Allan, Dr John Allison, Mr Keiran Beal, Sir Jack Beatson, Professor Anthony Bradley, Mr Richard Clayton QC, Mr Jonathan Crow QC, Mr Paul Daly, Sir Patrick Elias, Dr Mark Elliott, Professor Keith Ewing, Ms Sue Farran, Professor David Feldman, Professor Christopher Forsyth, Mr Richard Gifford, Mr John Howell QC, Dr Laura Jeffery, Mr Richard Joyce, Ms Maya Lester, Ms Mei Ying Luo, Ms Nuala Mole, Mr Richard Moules, Dr Roger O'Keefe, Dr Stephanie Palmer, Mr Sebastian Payne, Mr Jacob Rowbottom, Professor Maurice Sunkin, Ms Premala Thiagarajan, Lord Justice Thomas, Mr Colin Turpin, Professor Anne Twomey, Sir David Williams.