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The Constitution is the supreme law of Mauritius, and if any other law contradicts the Constitution, that other law shall, to the extent of the inconsistency, be void. The Supreme Court can declare anti-constitutional law null and void.
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The Constitution of the Republic of Mauritius (French: La Constitution de Maurice) is the supreme law of Mauritius, according to Chapter I, Section 2 of the constitution, if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.
- The Probative Force of Section 3
- Limitation of Rights Enshrined in The Bill of Rights
- The Content of The Bill of Rights
Section 3 introduces the Bill of Rights in the Mauritian Constitution declaring that ‘in Mauritius there have existed and shall continue to exist’ a series of civil and political rights which are the subject of discussion of this section. The Supreme Court of Mauritius has confirmed in the case of Peerbocus v RFootnote 31 that human rights in Mauri...
Meetarbhan argues that the Mauritian Constitution has a general construct which can be qualified as follows: (a) the right or freedom is set out as the general rule; (b) there may be exceptions to the rule in specified circumstances or for specified purposes; and (c) these exceptions are set out in the Constitution or they must be provided under a ...
The rights protected from sections 3–17 in the Mauritian Constitution can be summarised as follows—section 3 Fundamental rights and freedoms of individual, section 4 Protection of right to life, section 5 Protection of right to personal liberty, section 6 Protection from slavery and forced labour, section 7 Protection from inhuman treatment, sectio...
- Ashwanee Budoo, Roopanand Amar Mahadew
- 2020
Judicial precedent constitutes the cornerstone in English law. It is adhered to in Mauritius since the 1850s with the establishment of the Supreme Court, which was vested with the same powers as the Court of Queen’s Bench (today the High Court) The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to ...
- Devesh Heeraman
Otherwise, it would lead to disorder in Mauritius, an African nation that became independent from the British empire without bloodshed. With its independence, Mauritius enacted the 1968 Constitution as the supreme law of the land (section 2 Constitution 1968).
Sep 22, 2021 · LEGISLATION. There exists a hierarchy at legislative norms. 4.1 The Constitution. Constitution is also known as supreme law – as mention in section 2 of the constitution. There it mentions about any law which is inconsistent with the constitution shall to the extent of the inconsistency be void.
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This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. CHAPTER II – PROTECTION OF FUNDAMENTAL RIGHTS
