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- The main sources of law in Mauritius are legislation, case law, and custom. Legislation, in the form of the constitution, primary acts of parliament, and delegated legislation, is the most important source. Case law establishes legal precedents that courts must follow based on the principle of stare decisis.
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Under the formal sources of law, we have a hierarchy of law, which are The Constitution, Legislations, Case Law, Custom and Doctrine. The Constitution may be defined as a composition of a written set of rules associated to rights of individuals and powers of the legislative, executive and judiciary.
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- 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 ...
Mar 27, 2019 · Mauritius: review of recent case law. Published: 27 Mar 2019. Type: Insight. Civil Procedure. SME Equity Fund Ltd v RFA Ltd 2018 SCJ 208. In a ruling that it delivered on 15 June 2018, the Commercial Division of the Supreme Court confirmed its earlier determinations which turned on its jurisdiction.
Sep 22, 2021 · That Case-law (that is decisions of superior courts in Mauritius, viz. the Supreme Court and the Judicial Committee of the Privy Council) constitutes a source of law therefore calls for an explanation.
Jan 1, 2018 · The Civil law of Mauritius is derived from the French “Code Napoleon” which has given birth to the Code Civil Mauricien which provides for the rights of individuals, matrimonial regimes, contract law, property law amongst others. On the other hand, the Mauritian Criminal law is derived from the French “Code Penal”, the British Criminal ...
9. The Mauritius Reports (M.R.) have been published since 1861. Other published sources of Mauritian case law are Law Reports of the Commonwealth (L.R.C.) and the judg-ments of the Judicial Committee in Appeal Cases and elsewhere. Mauritian cases are also accessible in Supreme Court Judgments (S.C.J.) compiled by the Court itself. 10.
