The constitution of mauritius provides for the parliament of mauritius to. Assemblee nationale is mauritiuss unicameral legislature, which was called the legislative assembly until 1992, when the country became a republic. This constitution is the supreme law of mauritius, and if any other law is inconsistent with this constitution, that other law shall. Declaration of human rights which sets out in its 30 articles. A critical analysis of section 1 of the mauritian constitution 1994 theses 32 introducton mauritius shall be a sovereign democratic. But it is a fact that mauritius is regressing year after year. Mauritius constitution and citizenship amendment acts 1995.
On studocu you find all the study guides, past exams and lecture notes you need to pass your exams with better grades. The imminent move towards an executive presidency with expanded powers is unlikely to cause any major disruptions in the short term, but it does leave the door open for potentially greater political uncertainty in the future. International and local observers judged elections for the prime minister and legislators on november 7 to be free and fair. Constitution 1968, article 312, first schedule article 1. Send to friend constitution of mauritius disciplined forces service commission regulations electoral boundaries commission regulations electoral districts boundaries of the island of mauritius. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. The independence constitution established a multiparty democracy, and the country became a republic in 1992. It is hereby recognised and declared that in mauritius there have existed and shall continue to. Chapter ii deals with the protection of the fundamental rights and freedoms of the individual such as the right to life as well as the protection from slavery, inhuman treatment and. 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. The republic of mauritius national human rights action plan has been elaborated in accordance with best practices for the preparation of action plans and following extensive consultations with stakeholders. Mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius.
The constitution consists 3 parts which are subdivided into 11 chapters. Constitutional evolution of mauritius from british rule to. Constitution is supreme law this constitution is the supreme law of mauritius and if any other law is inconsistent with this. The constitution guarantees to the citizen his fundamental rights.
The constitution was promulgated by queen elizabeth ii through an order in council at independence. Application under section 83 of the constitution of. The constitution of the republic of mauritius french. As the mauritian system works under the constitutional supremacy, the supreme court of mauritius can declare acts of parliament to be null and void section 2 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 of mauritius chapter i the state and the constitution article1. Constitution of the republic of mauritius urbanlex. Mauritius is a sovereign democratic state and is a member of the united nations, of. Ministries, government departments, national human rights institutions and ngos download national human rights action plan 20122020.
Constitution of mauritius amendment act and mauritius citizenship amendment act 1995 published. In 1825, it obtained its first constitution under british rule and a council of government was set up to assist and. Is it constitutional and is it in line with constitutionalism. This constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that other. Mauritius, once amongst the first in the prestigious reporters without borders rankings, has lost ground since 2007. Mauritius achieved independence on 12 march 1968 and adopted a constitution based on the british parliamentary system. Structure of government the 1968 constitution proclaims that mauritius is a democratic state and that the constitution is the supreme law of the land. Property, inheritance and land tenure it is hereby recognised and declared that in mauritius there have existed and shall continue to exist without discrimination by reason of race, place of. Up to eight additional seats are allocated to best losers, to ensure representation of a variety of ethnic groups. 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.
Unlike the constitutions of south africa 1 and zimbabwe 2 which oblige courts to consider international law in interpreting legislation, including the constitution, the mauritian constitution is silent on the role of international law in interpreting legislation. Shareholders not required to acquire shares by alteration to constitution subpart b powers of shareholders 103. The franchise was restricted to men, and there were property and education. Constitution of mauritius amendment act and mauritius. This constitution declares mauritius as a sovereign and democratic state. The coalition headed by the incumbent prime minister won a majority of seats. The constitution of mauritius which was adopted in 1968. The constitution, a version of the westminster export model, was originally monarchical. The state mauritius shall be a sovereign democratic state, which shall be known as the republic of mauritius. Constitution is supreme law this constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that. It established a council of government of 27 members. 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. Mauritius changed its status to that of a republic on 12 march 1992.
This guide to law online mauritius contains a selection of mauritian legal, juridical, and governmental sources accessible through the internet. Background voters in mauritius will go to the polls on 10 december in an election that is expected to. Every person who, having been born in mauritius, was on 11 march 1968 a citizen of the united kingdom and colonies became a citizen of mauritius on 12 march 1968. Constitution of the republic of mozambique meeting the ageold desires of our people, the armed struggle for national liberation, whose purpose was to liberate the land and man, brought together all the patriotic sectors of mozambican society in the same ideals of freedom, unity, justice and progress. The concept of separation of power between the legislature. 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.
Constitution of the republic of mauritius 1968, as amended. The british colony of mauritius received a new constitution by letters patent on 16 september 1885. The republic of mauritius is a sovereign democratic state within the commonwealth with a long tradition of parliamentary democracy. The island was first visited briefly in the years 15001600 by the arabs, portuguese and dutch. Constitution of the republic of mauritius 1968, as amended to 2011. The first postindependence years were difficult but after more than 15 years of planning and hard work, mauritius achieved economic and political stability.
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. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Thus the provisions in the constitution already developed the powers of the 3 organs of the state and their duties. Mauritius election heralds constitutional change future. Attorney generals office laws of mauritius constitution. However, in interpreting legislation, the mauritian supreme court has referred, not only to international human. It guarantees the fundamental rights and freedoms of the people, including the right to hold private property and to be free from racial or other discrimination. Published by the national council for law reporting with the authority of the attorney general. And countries need to strive to attain that perfection. It was amended in 1991 and mauritius became a republic within the commonwealth in 1992. The plaintiffs aver that the republic of mauritius is a sovereign democratic state. This constitution was originally published as the schedule to the mauritius independence.
Constitution national assembly government of mauritius. Subscribe to the monthly newsletter, to be informed of the latest news portal, and new services added. Subscribe to the monthly newsletter to be informed of the latest news and services. Milan meetarbhan, former ambassador to the united nations, recently released his book constitutional law of mauritius. There are difficulties in strictly adhering to mauritius as a model, which we discuss in part iv. In mauritius there is enjoyment of freedom of expression but no society is perfect. 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. Mauritiuss constitution of 1968 with amendments through 2011. Amended 4891 2 constitution is supreme law this constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that. 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. The constitution of the republic of mauritius is the supreme law of mauritius, according to.