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The clanking of medieval chains: extra-judicial banishment in the British Empire

journal contribution
posted on 2023-05-18, 19:09 authored by Michael Powell
Banishment in English law was circumscribed by the Magna Carta and habeas corpus and prohibited except by legal procedure. The Transportation Act of 1718 legalised exile and enshrined convictism in law. The case of Bancoult (No.2), 2008, which considered the banishment of the Ilois of Chagos Island in the 1960s, brought consideration of banishment into the twentieth century and opened the royal prerogative to modern scrutiny. What becomes clear from this case is that banishment relied on royal prerogative without resort to legal process and was surprisingly routine throughout the British Empire. This article considers the implications of this case and some of the wider history of banishment in the empire.

History

Publication title

The Journal of Imperial and Commonwealth History

Volume

44

Pagination

352-371

ISSN

0308-6534

Department/School

School of Humanities

Publisher

Routledge

Place of publication

Newbury House, 900 Eastern Ave, Newbury Park, Ilford, Essex, England, Ig2 7Hh

Rights statement

Copyright 2016 Informa UK Limited, trading as Taylor & Francis Group

Repository Status

  • Restricted

Socio-economic Objectives

Expanding knowledge in history, heritage and archaeology

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