Its procedure is governed by statute. The doctrine of separation of powers is well-known to jurist and political scientists such as Rayan Adamsm, Randall Stuart, and David Hume internationally as well as locally. Of course, it is not the whole of the decision which contributes a precedent, but only the ratio decidendi of a case. 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. The country is a republic, and achieved this status on October 9,1962 when the country attained independence from British colonial rule. Currently, President Yoweri Kaguta Museveni is the President of Uganda.He came into power in 1986 after an armed struggle against the re… The modern system of law in Mauritius is an amalgamation of French civil law and common law, while the civil and criminal proceedings are modelled based on British practice. [15] As much of 42 per cent of cases in district courts were from urban areas, while the Division III of District Court of Port Louis disposed most number of cases in 2014 among all district courts. There were three sodomy and twelve convictions in drug related cases in 2014. Mackay was asked to review the recommendations in 2006. Port Louis is the capital. The Judiciary of Mauritius is responsible for the administration of justice in Mauritius and has as mission to maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual and commands domestic and international confidence. [6] France, which already controlled neighbouring Île Bourbon (now Réunion), took control of Mauritius in 1715 and renamed it Isle de France. [7][8], Despite winning the Battle of Grand Port, the only French naval victory over the British during these wars, the French could not prevent the British from landing at Cap Malheureux during 1810. Whilst the substantive laws, e.g. divisions hear appeals from other courts, as well as “first instance” cases. By 1851, after many changes in the judicial administration laws, Supreme Court was established as the body of appeal, making it again a single tiered jurisdiction. A Penal Code was published in 1791 and adopted by the Colonial Assembly in 1793, while a separate civil code was promulgated on 3 September 1807. The Supreme Court was established as a supreme body composed of the Prime minister, President, three judges, four clerks and a government commissioner where appeal from neighbouring Seychelles was also allowed. The number of criminal offences convicted before the Criminal Division of the Supreme Court increased by 8 per cent in 2014. Of course, it is not the whole of the decision which contributes a precedent, but only the ratio decidendi of a case. At the same time, Mauritius is unanimously recognised as a successful democracy in relative terms within the bounds of … The Chief Justice is head of the judiciary. 5.1 Precedent as a Source of Law in Mauritius The Constitution provides for the institution of an independent judiciary which is based on the concept of separation of powers. Other Courts. It now fulfills the same purpose for many Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies, and military sovereign base areas. [13] The number of cases reduced in Intermediate courts by 5 per cent on account of decrease of criminal cases by 21 per cent and increase in number of civil cases by 5 per cent. Subscribe to newsletter. The death penalty was abolished in 1989. There are many different types of courts and many ways to classify and describe them. Mauritius has a single-structured judicial system consisting of two parts, the Supreme Court and the Subordinate Courts. It consists of a President and such number of Magistrates as may be established under the Civil Establishment Act. The final appeal from decisions of the Court of Appeal of Mauritius to the Judicial Committee of the Privy council in London as provided for under the Constitution of Mauritius.[1][2]. Basic distinctions must be made between criminal and civil courts, between courts of general jurisdiction and those of limited jurisdiction, and between appellate and trial courts. Diogo Fernandes Pereira, a Portuguese navigator, was the first European known to land in Mauritius and named the island "Ilha do Cirne". The number of cases before the case decreased by 1 per cent in 2014 compared to 2013, while the number of cases disposed increased by 32 per cent. The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. The Industrial Court – also a magistrates’ court – deals with employment issues. Appellate Courts. The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived. law. The Intermediate Court was established by Section 80 of the Courts Act. High Court and Deputy High Court Judges Crown Court Jury trial for all indictable and some either-way criminal offences. Available at SSRN: French could not prevent the British from landing, "History of the Supreme Court of Mauritius", Judge in Bankruptcy and Master and Registrar, https://en.wikipedia.org/w/index.php?title=Judiciary_of_Mauritius&oldid=990753649, Creative Commons Attribution-ShareAlike License, Supreme court - cases pending at the beginning of the year, Supreme court - cases outstanding at the end of the year, Intermediate court - cases pending at the beginning of the year, Intermediate court - cases outstanding at the end of the year, Industrial court - cases pending at the beginning of the year, Industrial court - cases outstanding at the end of the year, District court - cases pending at the beginning of the year, District court - cases outstanding at the end of the year, Court of Rodrigues - cases pending at the beginning of the year, Court of Rodrigues - cases outstanding at the end of the year, Total - cases pending at the beginning of the year, Total - cases outstanding at the end of the year, This page was last edited on 26 November 2020, at 09:02. Tuyau Cedric, Overview of the Forced Heirship Rules Under the Code Civil Mauricien (May 23, 2020). The Supreme Court comprises the Court of Civil Appeal and the Court of Criminal Appeal, with a chief justice, a senior judge and 17 judges (2013). The buildup of delays in both civil and criminal cases are considered is placed as another common criticism of the system. It is an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual and commands domestic and international confidence. Under British rule, the island's name reverted to Mauritius. As much of 42 per cent of cases in district courts were from urban areas, while the Division III of District Court of Port Louis disposed most number of cases in 2014 among all district courts. This is the higher most body of civil judiciary in the United Kingdom and of criminal judiciary in England, Wales and Northern Ireland. Mauritius was under French rule until 1814 when it became British, but still kept its French laws and customs. The Judicial Committee of the Privy Council originated as the highest court of criminal and civil appeal for the British Empire. According to the Ne­braska Constitution, judicial authority is distributed among the Supreme Court, Court of Appeals, district courts (general jurisdiction), county courts (limited jurisdiction) and other courts created by the Legislature. This Guide to Law Online Mauritius contains a selection of Mauritian legal, juridical, and governmental sources accessible through the Internet. The Constitution of Mauritius is the supreme legal document of the country. The final appeal from decisions of the Court of Appeal of Mauritius to the Judicial Committee of the Privy council in London as provided for under the Constitution of Mauritius. Jurisprudence (Case Law) Judgements Ministry of Financial Services, Good Governance & Institutional Reforms. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. In spite of this, however, even in the limited field of professional conduct, local conditions have given rise to some striking differences. [14] The number of cases in Industrial court increased by 9 per cent as there was 39 per cent increase in criminal cases and a marginal increase in civil cases. [3] Supreme Court is established as the highest court of justice and lower courts of namely, the Criminal Court of Procedure and the Civil Court of Procedure. The Constitution provides for the institution of an independent judiciary which is based on the concept of separation of powers. The Constitution of Mauritius is the supreme legal document of the country. 1968, when Mauritius became independent within the Commonwealth. [5] In 1598 a Dutch squadron under Admiral Wybrand Van Warwyck landed at Grand Port and named the island "Mauritius" after Prince Maurice van Nassau of the Dutch Republic, the ruler of his country. Mauritius has its own ‘doctrine’, for example, judges will cite Venchard or Pr Garron. • Power exercised by the State through judiciary to enforce rights and punish wrongs. The Subordinate Courts consist of the Court of Rodrigues, the Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court, the Criminal and Mediation Court and the Commercial Court. Supreme court: Supreme Court. First Instance Courts. Supreme Courts (Highest Instance) Supreme Court of Mauritius. Mauritius is an island country, part of the Mascarene Islands, off the eastern coast of Africa. The name Glover has, for three generations now, been associated with the law in Mauritius. Subscribe to the monthly newsletter, to be informed of the latest news portal, and new services added. Amendments in 1992 created a republic, replacing the British sovereign as head of state. The District Courts are subordinate to their respective High Courts. The constitution established the separation of powers between the legislature, the executive and the judiciary and guaranteed the protection of the fundamental rights and freedoms of the individual. 5.1 Precedent as a Source of Law in Mauritius Mauritius has a single-structured judicial system consisting of two parts, the Supreme Court and the Subordinate Courts. The civil aspects governing the Mauritian Legal System are namely; contract law, société, civil rights, property law and the civil procedure. Any person who has a right of appeal against a conviction or order of a Magistrate under the District and Intermediate Courts (Criminal Jurisdiction) Act or the Industrial Court Act may on the day of the judgment inform the magistrate orally or in writing of his intention to appeal and apply for the grant of legal aid. It is a court of record which has civil and criminal jurisdiction in all districts in such cases and matters and to such extent as provided by the Courts Act. Hierarchy of courts 1. It is a compact between the people, by which they agree to be bound by its provisions and by laws made in accordance with it. A bail court was later established with a judge of the Supreme court with a right to appeal, making it a two-tiered system. It may confirm, overturn or vary judgments in any cases in which there are appeals from any of the first-instance courts. Laws and customs respective High courts some either-way criminal offences convicted before the criminal Division of latest... Islands, off the eastern coast of Africa Deputy High Court of criminal Appeal, as of,. Portal, and government all appeals in civil matters from the magistrates ’ Court – deals employment! British Empire Institutional Reforms British colonial rule autonomy to the monthly newsletter, to be informed of the courts.! 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