Mauritius legal system and rule mauritian law and judicial. Lexisnexis is committed contributing to the rule of law across africa. Sources of law in mauritius the presence of mauritius law can be traced from the french codes. Labor law revision notes, book, ebook for llblaw students free pdf download. 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. Mauritius is a good example of a mixed legal system where civil law and common law systems are complementary.
The constitution of the republic of mauritius french. Ck allen agencies through which the rules of conduct acquire the character of law by becoming definite, uniform and compulsory vinogradoff process by which the rule of law may be evolved. The penal code which has been reenacted as the criminal law and the code of commerce has been involved to an insignificant extent. These two successive colonisations have shaped the legal system of mauritius in its early days and the influences they have left on our laws and on the. Sources of the law legal definition of sources of the law. Doc the mauritian legal system devesh heeraman academia. Constitution of the republic of mauritius 1968, as amended. Legislation and case law are the two most important primary sources of law. Ck allen agencies through which the rules of conduct acquire the character of law by becoming definite, uniform and compulsory vinogradoff process by which the rule of law. Llb law third year notes, ebooks, handouts and study material semester 5. This constitution is the supreme law of mauritius and if any other law is. Scotland, for instance, has a hybrid form of law, as does. The relationship between different sources of law in the mauritian legal. The procedural law both in criminal and civil litigation is mainly english, whilst the substantive law is mainly based on the french napoleonic code.
The legal system has over the years emerged into a unique system of mauritian law through the promulgation of laws tailored to the socioeconomic environment of mauritius while keeping its roots in the civil and common law traditions. Sources of law the constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. The british constitution, law reform and the parliamentary. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Republic of mauritius longterm energy strategy 2009 2025. There are various bodies that monitor and regulate a variety of sectors including business, government, banking, finance, taxation, shipping, insurance, employment, rights and intellectual property. 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. Judicial precedents are a formal source of law in mauritius due to section 2 of the ordinance n 2 of 1850, which established the. Written law is the most important source of law, includes the following. As a consequence of its history, as an overseas possession of france from 1715 to 1810 and as a british colony from 1814 until it achieved independence within the commonwealth in 1968, its law and legal system reflect the legal. Arnold schwarzenegger this speech broke the internet and most inspiring speech it changed my life. Islamic law the most widespread type of religious law, it is the legal system enforced in over 30 countries, particularly in the near east, but also in central and south asia, africa, and indonesia. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Mauritiuss constitution of 1968 with amendments through.
All you have to do is select the type of places youd like to include restaurants, museums, etc. Civil law systems often absorb ideas from the common law and viceversa. Gavin glover was a sole practitioner from 1985 until. Companies act 2001 corporate and business registration. Sources of law in the republic of mauritius lawteacher. Though there are different meanings for the term sources of law, its definition is as follows. The power of making all laws is in the people or their representatives, and none can have any force whatever, which is derived from any other source. Subscribe to the monthly newsletter, to be informed of the latest news portal, and new services added. Administrative appeals tribunal act 1975 australia. The british constitution, law reform and the parliamentary legislative process this topic enables you.
The historical background of mauritian law impact of english law and french law and other legal systems features of a mixed law system. It defines mauritius as a sovereign democratic state. Find authoritative sources providing fulltext or summary information. In line with international best practice, the law provides modern vehicle for domestic and international investors to invest in and from mauritius. The constitution guarantees to the citizen his fundamental rights. To appreciate the role of parliament as the dominant lawmaking power in the british constitution. Thus, basic features of law, sources of law in general and the.
Material material sources of law are historical influences which account for the existence of a given rule of law at a given time and at a given place. An overview 2 common law, equity and statute law 23 custom 25 case law 26 nature of equity 32 application of principles of equity 34. As a consequence of its history, as an overseas possession of france from 1715 to 1810 and as a british colony from 1814 until it achieved independence within the commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. The law in mauritius, with the privy council as its final court, is inevitably influenced by developments in english common law, and the new defamation bill. This guide to law online mauritius contains a selection of mauritian legal, juridical, and governmental sources accessible through the internet. Federal constitution is the supreme law of the land article 4 states that any.
Principles of business law contents study unit title page syllabus i 1 nature and sources of law 1 nature of law 3 historical origins 6 sources of law 9 the european community and uk law. Both current and historical documents are available. Recommended citation adam aft and daniel sacks, mauritius. Statistics mauritius, household budge t surveys 200102. Assess the effectiveness of the sources of law in mauritius studocu.
Most of those laws dealt with criminal law and procedure, which is why, when the five napoleonic codes were enacted in france at the beginning of the nineteenth. The mauritius legal system the chambers of gavin glover. Relationship between different sources of law in the. The republic of mauritius is a sovereign democratic state within the commonwealth with a long tradition of parliamentary democracy. Generally, an ebook can be downloaded in five minutes or less. Mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius. Let the law library guide you to global law sources available on the web and in our collections. The chambers of gavin glover the mauritius legal system.
Mauritius has been in the possession of france from 1715 to 1810 and as a british colony from 1814 until it achieved independence in 1968. As a consequence of its history, as an overseas possession of france from 1715 to 1810 and as a british colony from 1814 until it achieved independence within the commonwealth in 1968, its law and legal system reflect the legal traditions of both its former. When we talk about business law, were talking about the laws that cover every aspect of starting, running and closing a. When youre done, you can download your mauritius travel guide to your phone or tablet, or print it as a pdf. If access to primary sources of law is restricted or outofdate, knowledge of the law is effectively denied. 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. Mauritius shall be a sovereign democratic state, which shall be known as the republic of mauritius. After harold glover, the grandfather of gavin glover, who was a judge of the supreme court before being electoral commissioner for two decades, his son sir victor glover was also appointed a judge and became chief justice in 1976. Primary law publishing services lexisnexis south africa. This document contains eleven sections together with an action plan with timelines for implementation. Sources of law which a judge of a court can rely to identify the rules of law to decide a case in this sense, the legal sources in mauritius are. Relationship between different sources of law in the mauritian legal. Ghana legal system an overview sturm college of law. What are the sources of law of mauritius answered by a verified consumer protection lawyer we use cookies to give you the best possible experience on our website.
Mauritius will have to rely on an array of resources to meet its energy needs and this portfolio will inter alia include renewable sources and traditional fossil fuels linked with new technologies to reduce their environmental impact. For this reason, we established the primary law division to assist in the creation. In civil law systems, the sources of law include the legal codes, such as the civil code or the criminal code, and custom. Our strength lies in our ability to understand clients requirements and fulfil. Sources of mauritian law alegislation the constitution primary legislation secondary legislation bjudicial precedents c customs d books of. When the british gained sovereignty over mauritius in 1810 they promised to leave the customs and laws of the people untouched,1 but as time went by the english presence inevitably altered not only. The law and legal system of mauritius are an unusual hybrid and a remarkable instance of comparative law in action. Moris, officially the republic of mauritius is an island nation in the indian ocean about 2,000 kilometres 1,200 mi off the southeast coast of the african continent. Introduction the term sources of law has been used in different senses by different writers and different views have been expressed from time to time. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and. 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. Revised laws of mauritius e9b 3 issue 5 basic wage or salary prescribed in the remuneration regulations, award or agreement, or where the employer pays a higher wage or salary, the higher wage or salary so paid, but does not include any allowance by any name called, and whether paid in cash or in kind. Angelo lecturer in comparative law, victoria university of wellington.