The franchise was restricted to men, and there were property and education. No requirement for company to have constitution 40. Law of mauritius mauritius is an island, of volcanic formation, located in the centre of the indian ocean and has an area of 2,040 km square. Apparently known to the arabs, they were rediscovered by the portuguese at the beginning of the. Mauritius is an island country, part of the mascarene islands, off the eastern coast of africa. Constitution of mauritius 1968, first schedule 11, 51 section 312, 391 constitution of mauritius 1968, first schedule 51, chapter iv, article 28 2. It is part of the mascarene islands mascarene islands, in the indian ocean, e of madagascar. Sources of law in the republic of mauritius lawteacher. The mauritius independence order 1968 and the mauritius independence act uk were officially published in mauritius in the revised laws of mauritius. The 1808 decree was repealed by act 9 of 1983 but the revision of laws act which was enacted in 1974 made provision, in section 7, for the publication of the code under the title code civil mauricien. Mauritius is an island country, part of the mascarene islands, off the. Part i the constitution gn 54 of 1968 12 march 1968. The state v abdool rachid khoyratty the mauritius privy.
As such the constitution of mauritius is also the supreme law of the republic. There are a number of variations of parliamentary republics. Geographical and historical treatment of mauritius, including maps and a survey of its people, economy, and government. The president, who is head of state, is elected by the national assemby for a fiveyear term and is eligible for a second term. This guide to law online mauritius contains a selection of mauritian legal, juridical, and governmental sources accessible through the internet. The island of mauritius has been consequently conquered by arab sailors, portuguese, dutch, french and the british. But it is a fact that mauritius is regressing year after year. And countries need to strive to attain that perfection. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. Chapter i provides that mauritius shall be a sovereign democratic state. This guide to law online mauritius contains a selection of mauritian legal, juridical. Mauritius is divided into 21 constituencies, each of which returns three members to the assembly, except for the island of rodrigues which returns two first schedule, article 11. According to this definition the state is endowed with sovereignty, territory and.
The constitution of the republic of mauritius french. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. This constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that the other law shall, to the extent of the inconsistency, be void a constitution is important since it is made with the assumption that a given state exists and has a legal identity of its own. Mauritius article about mauritius by the free dictionary. The republic of mauritius is a sovereign democratic state within the commonwealth with a long tradition of parliamentary democracy. Constitutional law, the body of rules, doctrines, and practices that govern the operation of political communities. Up to eight additional seats are allocated to best losers, to ensure representation of a variety of ethnic groups.
In mauritius there is enjoyment of freedom of expression but no society is perfect. Republic of mauritius the constitution government of mauritius. This constitution is the supreme law of mauritius and if any other law is. In this section, discriminatory means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste. Revised laws of mauritius c54 5 issue 2 part ii the supreme court subpart i constitution of supreme court 3. Constitutional evolution of mauritius from british rule to. Two seats are reserved for candidates from rodrigues, which is part of the republic of mauritius.
The constitution of mauritius which was adopted in 1968. The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform. Mauritius the companies act 2001 as amended, 2012 arrangement of sections part i preliminary 1. The independence constitution established a multiparty democracy, and the country became a republic in 1992. Constitutional and administrative law laws 1112 y 1 university of mauritius academic year 20112012 lecture 1 definition and scope of constitutional law the role of law law is not merely a matter of the rules which govern relations between private individuals for example between the employer and employee or between landlord and tenant. Generally a preamble is a declaration by the legislature of the reasons for the passage of the statute, and it aids in the interpretation of any ambiguities within the statute to which it is prefixed. Mauritius is a parliamentary democracy on the westminster model. Mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius. Mauritius, once amongst the first in the prestigious reporters without borders rankings, has lost ground since 2007. The constitution can be defined as a comprehensive document attempting to regroup all the legal provisions which will govern the relationship among the. 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. Constitution 1 the supreme court of mauritius shall be constituted in the manner prescribed in chapter vii of the constitution. Modern constitutional law is the offspring of nationalism as well as of the idea that the state must protect. The order was complemented in the uk by the mauritius independence act 1968.
The island was first visited briefly in the years 15001600 by the arabs, portuguese and dutch. With the constitutional structure in mind we argue, in part iii, some of the reasons why mauritius provides a valuable model for the developing world. The unicameral legislature consists of the 70seat national assembly. The government is headed by the prime minister, who is appointed by the president. Coming back to our point the mauritian judiciary, we may concentrate on section 76 to 84 of the mauritian constitution which is the supreme law of mauritius. Mauritiuss constitution of 1968 with amendments through 2016. The singlechamber national assembly comprises up to 70 members, 62 of whom are elected 60 from 20 threemember constituencies on the island of mauritius plus two from the single constituency of rodrigues. A parliamentary republic is a republic that operates under a parliamentary system of government where the executive branch the government derives its legitimacy from and is accountable to the legislature the parliament. Constitution national assembly government of mauritius. This constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that the other law shall, to the extent of the inconsistency, be void a constitution is important since it is made with the assumption that a given state. Chapter ii protection of fundamental rights and freedoms of the individual.
Counsel argued that even if the original provision embraced a power to punish for contempt the provision introduced in 1981 is incapable of covering a power to punish for contempt. Mauritius is governed under the constitution of 1968, as amended. Constitution of the republic of mauritius 1968, as amended to 2011 english. Thus the provisions in the constitution already developed the powers of the 3 organs of the state and their duties. Constitution of the republic of mauritius 1968, as amended to 2011. In 1825, it obtained its first constitution under british rule and a council of government was set up to assist and. The structure of the constitution of mauritius 1968 is important. A critical analysis of the treatment of juvenile offenders.
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. The explanatory memorandum of the constitution of mauritius amendment no. 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. Boggs, 1 baldw 60, statutes that violate the plain and obvious principles of. For all these reasons counsel submitted that the supreme court of mauritius has no power to. It established a council of government of 27 members. Code civil mauricien mauritius chamber of commerce and. 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.
This constitution was originally published as the schedule to the mauritius independence order 1968 in gn 54 of 1968. The constitution guarantees to the citizen his fundamental rights. The electoral evolution in the island of mauritius. It became an independent member of the commonwealth on march 12, 1968, and was elected t o membership of the united nations by acclamation on april 24. In modern times the most important political community has been the state. Constitution definition of constitution by merriamwebster. The constitution of the republic of mauritius is the supreme law of mauritius, according to chapter i, section 2 of the constitution, if any other law is inconsistent. Milan meetarbhan, former ambassador to the united nations, recently released his book constitutional law of mauritius. The british colony of mauritius received a new constitution by letters patent on 16 september 1885. For countries with previous constitutions, the years are listed. Mauritiuss constitution of 1968 with amendments through 2011. Constitutional evolution of mauritius from british rule to independence the council of government mauritius came under british rule in 1810 following the capture of the island from the french.
Preamble to the constitution definition at dictionary. The republic of mauritius is a parliamentary democracy modelled on the british. Constitution amendment act 2008 constitution of mauritius. Constitution 1968, article 312, first schedule article 1. Constitution of the republic of mauritius 1968, as amended. Fundamental rights are protected in chapter ii of the constitution of mauritius. A clause at the beginning of a constitution or statute explaining the reasons for its enactment and the objectives it seeks to attain. The arab sailors were the first who visited the island which was named as dina arobi.