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Jan 1, 2018 · The co-existence of both French inspired laws and British inspired law has harmoniously fused into a distinct system of its own which is now recognised as “the Mauritian Law/ le droit mauricien”
- Legal System
Pursuant to the lockdown in the Republic of Mauritius, the...
- Legal System
Most of the laws enacted in Mauritius between 1810 and 1840 were set out in two columns, one in French and one in English, the most noteworthy being the Penal Code Ordinance of 1838, which is now our Criminal Code.
In 1841 all laws in Mauritius were originally published in English and the Court was to make reference to the English version only. The hybrid nature of our legal system was highlighted in the report of the Committee on the Review of legal Studies in Mauritius (1983) by Rajsoomer Lallah J.
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Mauritius has a hybrid legal system, reflecting its past colonisation by both France and Great Britain. The main areas of private law are based on a civilian model and contained in French-inspired codes that were enacted in the early nineteenth century (Civil Code and Commercial Code).
- Introduction
- The Importance of Law in Mauritius and Its Legal System
- Sources of Mauritian Law
- The Mauritian Constitution of 1968
- Branches of Law
- Statutory Interpretation
- Jurisdictions and Courts
- Appeals
- Administrative Law and Judicial Review
- Civil Procedure
With its colonial French and English law—imposed during the nation’s two successive colonisations—and its right to appeal to their Law Lords of the Judicial Committee of the Privy Council in London, England, coupled with a written Constitution that borrows from the UK Westminster model and other foreign legislations (Singapore, Hong Kong, New Zeala...
Law means order, but it has plenty of additional and overlapping roles to play, in the form of various norms, in all sections of the socio-economic development of Mauritius and to all its individuals without discrimination, especially in a country with various religions and castes, languages and communities living together without animosity. Indepe...
Some colonial French Codes (Code Civil Mauricien, Code Pénal, and Code de Commerce) still prevail in Mauritius with some amendments. UK Common Law still controls some subjects, such as the law of evidence, tort, and negligence or in health and safety law where an employer must provide a safe place to work to all his employees. The English Law of Ev...
As explained, the Constitution is the supreme law of the land in Mauritius, and its provisions shall be construed in very broad terms. In the local case of Société United Docks v. Government of Mauritius 1985 AC 585, the Supreme Court was following the rationale reached by their Law Lords of the Judicial Committee (infra), in particular Lord Keith,...
The Mauritian Mixed System resembles a tree with various branches of law, but they may be divided into three main branches: civil and commercial law, public law, and international law.
In a country where the doctrine of the separation of powers prevails, and where there is a mixed system there is a need which law is applicable in a particular dispute, and how to interpret them properly by a Court of law (Ealing Borough Council v. Race Relations Boards 1972 AC 342), as there are rules of law to comply with in a society (Stock v. F...
Decisions reached by superior courts (Supreme Court, Court of Civil Appeal, Court of Criminal Appeal, and the Judicial Committee of the Privy Council) are binding over inferior and subordinate courts (District Courts, Fair and Rent Tribunal, Bail and Remand Court, Children Court, Juvenile Court, Environment Tribunal, Court of Rodrigues, Industrial ...
There is a right of appeal from inferior courts to superior courts and it is made statutory in relevant legislations passed by Parliament, coupled with the Supreme Court Rules. As an illustration, there is a right of appeal from the Industrial Court to the Supreme Court (section 11 Industrial Court Act 1973) or a right of appeal as of right from th...
The Mauritian Administrative Law is also colonial law (1810-1968) when UK Order 53 was the procedure applicable in the ancient colony of Mauritius by the British Empire and until now, the Mauritian legal system has retained this procedure. Judicial review is a public law remedy where there are public rights involved against a public statutory body ...
Mauritius has a Code de Procédure Civil, an English civil procedure law based on equity (injunctions) coupled with the Mauritius Supreme Court (a Court of Equity), and legislation form the civil law. 1. Courts Act 1945, District and Intermediate (Civil Jurisdiction) Act, Supreme Court Rules, and the District, Industrial, and Intermediate Rules Ther...
The Mauritian legal system is a composite system of laws which blends both the French civil law and the British common law practices, characterized by a duality of concepts – the French substantive laws and the English procedural laws, respectively.
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In 1841 all laws in Mauritius were originally published in English and the Court was to make reference to the English version only. The hybrid nature of our legal system was highlighted in the report of the Committee on the Review of legal Studies in Mauritius (1983) by Rajsoomer Lallah J.
