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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
1. The State. Mauritius shall be a sovereign democratic State which shall be known as the Republic of Mauritius. 2. Constitution is supreme law. 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.
e. 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 current Constitution was adopted in 1968.
- 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...
Feb 22, 2013 · The document discusses the sources of law in Mauritius. It identifies the main sources as legislation, case law, custom, and general principles. Mauritius' legal system is based on a blend of French civil law and English common law due to its history of being a French colony and then British colony. The sources of law are interrelated and ...
The Bill of Rights is the supreme law Footnote 8 concerning human rights protection in the country and this chapter assesses whether the Bill of Rights’ provisions enable human rights realisation and ensure that the country has good human rights records.
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The Supreme Court of Mauritius has confirmed in the case of Peerbocus v R32 that human rights in Mauritius have existed since the French colonisation period through the 1794 Colonial Assembly Declaration based on the Declaration of Rights which was proclaimed in France.
