Common Law Constraints: Whose Common Good Counts?

19 Pages Posted: 5 Mar 2008

See all articles by John Finnis

John Finnis

Notre Dame Law School; University of Oxford - Faculty of Law


This working paper for a conference, held at the Cambridge Centre for Public Law in January 2008, between the Court of Appeal's judgment in Bancoult (No. 2) and the hearing of the appeal in July 2008, argues that the Court of Appeal judgments err in their handling of (a) the context and purport of the Colonial Laws Validity Act 1865, (b) the location of the Crown in the undivided realm comprising the United Kingdom and its Overseas Territories (a matter mishandled by the majority of the Lords in Quark Fishing (2006), (c) the common good legitimately in view in the making of the prerogative legislation - regulating immigration to the British Indian Ocean Territory - overturned in Bancoult (No. 2).

Suggested Citation

Finnis, John M., Common Law Constraints: Whose Common Good Counts?. Oxford Legal Studies Research Paper No. 10/2008, Available at SSRN:

John M. Finnis (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

University of Oxford - Faculty of Law ( email )

University College
High Street
Oxford, England OX1 4BH
United Kingdom

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