THE CONSTITUTION AND HUMAN RIGHTS The Constitution of Mauritius Fundamental Rights and freedoms Separation of Powers

THE CONSTITUTION OF MAURITIUS 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.

CONTENTS OF THE CONSTITUTION 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;

President and Vice-President of the Republic; CONTENTS (CONTD) citizenship; President and Vice-President of the Republic; Parliament (National Assembly ;legislation and procedure in National Assembly); The Executive; Rodrigues Regional Assembly; The Judiciary;

CONTD 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

CHAPTER II-FUNDAMENTAL RIGHTS AND FREEDOMS 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.

Section 3 of the Constitution- Preamble to Chapter II; CONTD 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.

Doctrine of separation of powers was developed by Montesquieu; 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.

ROLE OF THE COURTS OF LAW 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 .

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