Empire and the Constitution Flashcards
What was the British Empire and why was it significant?
It was one of the largest empires in history (15th–20th centuries), spanning continents. Known as “the empire on which the sun never sets” due to its global reach
What is imperialism?
The forceful acquisition of territories by European powers, subjugating native populations for economic gain
What were anti-colonial struggles?
Movements in colonies (e.g. India, Kenya, Egypt) fighting for independence from imperial rule, often met with violent suppression
What was the Mau Mau Rebellion?
A 1952–1960 uprising in Kenya by Kikuyu people against British rule, seeking land and freedom
What did the 1960 UN Declaration on Colonial Independence state?
It affirmed that colonialism violated human rights and that all peoples have the right to self-determination
What is the significance of the ICCPR and ICESCR (1967)?
They reinforced the right to self-determination and control over natural resources for all peoples
How was law used to justify empire?
Legal doctrines like terra nullius were used to claim land by arguing it was “empty” if not used according to European norms
What was early transnational constitutionalism?
A legal framework developed in the 19th century that structured the relationship between Britain and its colonies
How did Dicey justify lack of colonial representation?
He believed colonised peoples were not “civilised” enough for self-governance, reflecting racist imperial ideologies
What were constitutional conventions in the empire?
Unwritten rules like non-intervention in colonial affairs and avoiding taxation without consent
What are prerogative powers?
Discretionary powers held by the Crown, such as making treaties or expelling populations
Who are the Chagos Islanders and what happened to them?
They were forcibly removed in the 1960s to allow a US base on Diego Garcia
How does the British Empire still affect legal systems today?
Former colonies still bear legal frameworks shaped by empire, and struggles for justice (e.g. Chagos) show ongoing tensions with international law
