Questions and Answers
What is the definition of 'Constitution'?
A composition of a written set of rules associated with the rights of individuals and powers of the legislative, executive, and judiciary.
What are the main functions of the legislation, executive, and judiciary?
The judiciary, legislative, and executive powers are completely independent of each other.
False
What is Section 1 of the Constitution of Mauritius?
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What is the supreme law of Mauritius?
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If a citizen's constitutional rights have been infringed, they can find relief under the ______.
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An application to the Supreme Court can be lodged more than three months after the right of action arises.
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The Plaint with Summons should state the precise nature of the ______ sought.
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Which sections of the Constitution pertain to the right to appeal?
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What must be done if the Attorney-General is not a party to the suit?
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Study Notes
Constitution Overview
- John Locke's theory greatly influenced Montesquieu's work, "L’esprit des lois".
- Constitution comprises written rules defining individual rights and the powers of governance.
- Legislation creates or amends laws, while the executive implements them; the judiciary interprets laws ensuring justice.
Separation of Powers
- Separation of powers exists among the legislative, executive, and judiciary, promoting accountability.
- Despite separation, these branches must maintain interdependence to function effectively.
- Absence of a Constitution may lead to anarchy, undermining democratic integrity.
Contractual Nature
- Constitution operates as a contract between individuals and the state, ensuring personal freedoms along with regulatory laws.
- The State wields coercive power through established rules, which underpin the authority of the judiciary.
Mauritian Constitution Key Sections
- Section 1 establishes Mauritius as a sovereign democratic state named the Republic of Mauritius.
- Section 2 declares the Constitution as the supreme law, invalidating conflicting laws.
- Sections 3 to 16 protect fundamental individual rights in both criminal and civil contexts.
Constitutional Relief Mechanism
- Citizens can seek relief for constitutional rights infringements through specific legal provisions.
- Relief applications follow the Supreme Court (Constitutional Relief) Rule 2000, specifically under sections 17(1) or 83(1).
Supreme Court (Constitutional Relief) Rules
- Applications must be filed in the form of a plaint with summons detailing the contravened provision and sought relief.
- Applications are time-sensitive; must be filed within three months of the infringement occurring.
- Notice of application must be served at least eight days prior to court hearings to relevant parties.
Case Law Insights
- Supreme Court denies relief if alternate redress mechanisms exist (Vert v. District Magistrate of Plaine Wilhems).
- Only aggrieved individuals can initiate legal actions (Nordally v. PSC).
- The Attorney-General's participation is mandatory if not involved in the initial suit (Sahodeea v. R).
- Timely lodging of action is crucial, or the court may not entertain late submissions without valid justification.
Right to Appeal
- Sections 80 and 81 enshrine the right to appeal as constitutional in Mauritius, with conditions based on case specifics.
- The Judicial Committee of the Privy Council remains a retained appellate court despite Mauritius's independent judiciary.
- The Constitution establishes a Court of Civil Appeal and Court of Criminal Appeal, both divisions of the Supreme Court, with specified jurisdictions to hear appeals for civil and criminal matters.
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Description
Explore the foundational concepts of the Constitution as viewed through the lens of John Locke and Montesquieu. This quiz covers the principles surrounding individual rights and the separation of powers within the legislative, executive, and judiciary branches. Test your understanding of constitutional theory and its implications.
