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- Section 84 (1) of the constitution provides: “ (1) Where any question as to the interpretation of this Constitution arises in any court of law established for Mauritius (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.”
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And where a question as to the interpretation of the Constitution arises in any Court established for Mauritius (other than the Court of Appeal, the Supreme Court, or a Court Martial) and the Court is of the opinion that the question involved a substantial question of law, the Court shall refer the matter to the Supreme Court.
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These cases involve the determination of question of law over and above factual determinations, which the MVIAC is not empowered to do. Here again, the MVIAC would be finding parties liable for the payment of damages in the teeth of their contention that they bear no legal liability.
Jun 1, 2021 · Section 84 (1) of the constitution provides: “(1) Where any question as to the interpretation of this Constitution arises in any court of law established for Mauritius (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall ...
- Historical Backgrounds
- Sources of Mauritian Law as A Hybrid Legal System
- Doctrine
- Relative Importance of ‘Doctrine’ in Civil Law and Common Law Systems
- Conclusion
The republic of Mauritius has been subject to a number of colonization attempts, namely by the arabe, the Portuguese and the Dutch in the year 1598 and the French cause to colonise Mauritius in the 1715 and of course they introduced their law to Mauritius for e.g (i) Loi & Reglements (legislation) (ii) coutume. And when the French retrieve the isla...
The basic substantive content of part of Mauritian law is thus derived from the French codes: the Civil Code which has been amended over the years to adapt the local context, the Penal Code which has been reenacted as the Criminal Code and the Code of Commerce has been included to a lesser extent. While on the other hand, the law of procedure and e...
The term Doctrine designates legal scholarship, the body of legal writing or literature. As one French writer observed “on entend par doctrine l’ensemble des etudes publiées par les jurists, les opinions qu’ils émettent sur les questions relevant de leur spécialité; la doctrine est la théorie du droit”.
In civil law systems, doctrine is an inherent part of the system and is indispensable to a systematic and analytical understanding of it. It exerts considerable influence on “l’établissement et l’évolution des règles du droit”. As one writer puts it: [La doctrine] guide le législateur, la jurisprudence et la pratique et les fait bénéficier de trava...
Starting from our historical background, Mauritius has been subject to a number of colonization attempts. Amoung all these colonization, Mauritius adopted its laws from two colonization. That is from France and England. The legal system of Mauritius is governed by both French Code Napoleon and the British law based on the common law. Thus the prese...
Aug 1, 2022 · The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform ...
In May 2018, Mauritius adopted the Judicial and Legal Provisions Act 2018 (Act).1 For the most part, the Act addresses various rules relating to the judicial process. However, a few provisions of the Act impose direct restrictions on freedom of expression. This Note analyses those provisions from the perspective of international law, and ...
Mar 27, 2019 · Mauritius: scope of exequatur. This article provides an analysis of the likelihood of enforcing foreign judgments against foreign parties before the Mauritian Supreme Court. Mauritius law provides broadly for the enforcement of foreign judgments by both legislation and case law.
