Constitution of the Republic of Mauritius 1968, as amended to 2016
Jurisdiction and Access
  • English
    1. An appeal shall lie from decisions of the Court of Appeal or the Supreme Court to the Judicial Committee as of right in the following cases
    a. final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution;
    … (Sec. 81)
Jurisdiction and Access
  • English

    1. Subject to sections 41(5), 64(5) and 101(1)4, where any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for a declaration and for relief under this section.
    2. The Supreme Court shall have jurisdiction, in any application made by any person in pursuance of subsection (1) or in any other proceedings lawfully brought before the court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly:
    Provided that the Supreme Court shall, not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under subsection (1) is made or, in the case of other proceedings before the court, a party to these proceedings, are being or are likely to be affected.
    3. Where the Supreme Court makes a declaration in pursuance of subsection (2) that any provision of the Constitution has been contravened and the person by whom the application under subsection (1) was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom declaration is made, seeks relief, the Supreme Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the Supreme Court under any law for the time being in force in Mauritius, as the court considers appropriate.
    4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by this section (including rules with respect to the time within which applications shall be made under subsection (1)).
    5. Nothing in this section shall confer jurisdiction on the Supreme Court to hear or determine any such question as is referred to in section 375 or paragraph 2(5), 3(2) or 4(4) of the First Schedule otherwise than upon an application made in accordance with that section or that paragraph, as the case may be. (Sec. 83)

Jurisdiction and Access
  • English
    1. 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.
    … (Sec. 84)
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2
Section 20 on persons who became citizens on 12 March 1968.
3
Section 20 on persons who became citizens on 12 March 1968, Section 22 on persons born in Mauritius after 11 March 1968, Section 23 on persons born outside Mauritius after 11 March 1968.
4, 5

4 - Section 41 on functions of Electoral Supervisory Commission and Electoral Commissioner, Section 64 on exercise of President's functions, Section 101 on discharge of functions of Ombudsman.

5 - Section 37 on determination of questions as to membership.

6
Sections 3 to 16 relate to the protection of the rights and freedoms of the individual.
7
Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.
8, 9

8 - Section 5 on protection of right to personal liberty.

9 - Section 16 on protection from discrimination.

10
Section 43 on disqualifications of electors.
11, 12

11 - Section 28 on The President.

12 - Section 30 on removal of the President and the Vice-President.

13
Section 34 on disqualifications for membership.