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.

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