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Regina (Misick) v. Secretary of State for Foreign and Commonwealth Affairs

United Kingdom, England.  01 May 2009 ; 12 August 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Territory — Overseas territories — Governance — Turks and Caicos Islands — Right to self-determination — Judicial review — Whether Orders for peace, order and good government generally beyond scrutiny by courts

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Protocol No 1 to European Convention, 1952 — West Indies Act 1962 — Constitution of Turks and Caicos Islands 2006 — Orders in Council — Turks and Caicos Islands Constitution (Interim Amendment) Order 2009

Human rights — Right to self-determination — Whether right to self-determination a free-standing principle in Turks and Caicos Islands — Whether State’s undertaking to hold free elections including commitment not to amend decisions of electorate unless compelling grounds for democratic order — Due process — Right to a fair hearing by an independent and impartial court established by law — Right to a fair trial — Trial by jury — Whether a fair hearing conditional on trial by jury

Treaties — European Convention on Human Rights, 1950 — Article 6 — Right to a fair trial — Protocol No 1 to European Convention, 1952 — Article 3 — Right to free elections — Article 4 — Withdrawal from Article 3 — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2016

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