 The Constitution of Mauritius
 Fundamental Rights and freedoms
 Separation of Powers
written document bequeathed to Mauritius by
an Order-in-Council of the British
Government at the time of independence in
1968;
 based on the Westminster model;
 rests on two fundamental tenets: the rule of
law and the doctrine of the separation of
powers.

Supreme law of the land;
 Section 1 of the Constitution provides that
the Republic of Mauritius shall be a
"sovereign democratic State" ;
 Fundamental rights and freedoms guaranteed
under Chapter II of the Constitution which is
largely inspired from the European
Convention on Human Rights;

citizenship;
 President and Vice-President of the Republic;
 Parliament (National Assembly ;legislation
and procedure in National Assembly);
 The Executive;
 Rodrigues Regional Assembly;
 The Judiciary;

Service Commissions (Judicial and Legal
Service Commission ; Disciplined Forces
Service Commission) and the Public Service
(pension laws and protection of pension
rights);
 The Ombudsman;
 Finance (Consolidated fund, public debt,
Director of Audit); miscellaneous
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fundamental rights and freedoms include the
right to life, the right to personal liberty,
protection from slavery and forced labour,
protection from inhuman treatment,
protection from deprivation of property,
protection of the law, freedom of conscience,
freedom of expression, freedom of assembly
and association, freedom of movement and
protection from discrimination.
Chapter II sets out the rights which are
protected by the Constitution but also
provides for derogation to such rights;
 Section 3 of the Constitution- Preamble to
Chapter II;
 Rights and freedoms are subject to those of
others and in the public interest;
 section 17 for redress to be afforded by the
Supreme Court to any individual whose rights
under Chapter II have been, are being or are
likely to be contravened.

System of Government based on law-legislative,
executive and judicial functions;
 Doctrine of separation of powers was developed
by Montesquieu;
 Same persons should not form part of more than
one of the three organs of Government;
 One organ of Government should not control or
interfere with the work of another;
 One organ should not exercise the functions of
another;
 Overlapping- to what extent separate? Debatable
issue.
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The Constitution being the "supreme law of
Mauritius”, it is the duty of the Courts not only to
interpret but also to ensure compliance with its
provisions;
the Supreme Court to determine the validity of any
statute which is alleged to be unconstitutional;
any law which contravenes the Constitution is, to the
extent of the inconsistency, void;
The Constitution itself makes provision under
section 17 for redress to be afforded by the Supreme
Court to any individual whose rights under Chapter II
have been, are being or are likely to be contravened;
the independence of the Judiciary .