Capital Asset Management Ltd | Legal System
12442
page-template-default,page,page-id-12442,ajax_fade,page_not_loaded,,wpb-js-composer js-comp-ver-3.7.4,vc_responsive
 

Legal System

Legal System in Mauritius

Legal System

 

Mauritius enjoys a hybrid legal system. The country’s legal system is based on French civil law system with elements of English common law in certain areas. The procedural law in criminal and civil litigation is mainly in English while the substantive law is mainly based of the constitution the French Napoleonic code.

 

The Legislature

The Parliament of Mauritius is modelled after the Westminster system of parliamentary democracy, where Members of Parliament are voted in at regular general elections on the basis of a first past the post system. The Parliament consists of the President and a National Assembly. The latter is made up of 70 members of whom 62 are directly elected in 21 constituencies.

 

The Executive

The executive authority of the Republic of Mauritius is vested in the President who shall then appoint the Prime Minister, its Deputy Prime Minister from the majority ruling party to hold office until the next general elections. The Prime Minister is then invited to form his Cabinet which shall consist of other Ministers duly elected. The Cabinet shall be collectively responsible to the Assembly for all things done by or under authority of any Minister in execution of his office.

 

The Attorney-General shall be the principle legal advisor to the Government of Mauritius.

The final court of Appeal of Mauritius is the Judicial Committee of the Privy Council. In 2008 and 2010 appeal cases from the decision of the Supreme Court have been heard before the Judicial Committee sitting in Mauritius itself.

 

The Judiciary

The Judiciary is vested with power to administer justice in the country and is independent of the Executive and Legislature as provided by the Constitution. Mauritius has a single-structured judicial system consisting of the Supreme Court and subordinate courts. The Supreme Court has the same original jurisdiction as the High Court in England and is vested with all necessary powers and authority to exercise its equitable jurisdiction as a Court of Equity.

 

Government

The council of ministers is appointed by the president on the recommendation of the Prime Minister. The current government is led by Hon. Pravind Kumar Jugnauth.

legal_systems