Constitutional Law

Topics: Separation of powers, Law, United Kingdom, Westminster system, Judicial review, Legislature / Pages: 6 (1417 words) / Published: Apr 28th, 2013
Constitutional law

The Mauritian Parliament has inherited much from the Westminster Model.
The Westminster Model is characterised by: * Parliamentary Sovereignty * Separation of Powers between the organs of the State.

A. Parliamentary Sovereignty
In any state you will find one ultimate source of legal authority. In countries with a written constitution, it will be the constitution which has ultimate authority as in Mauritius. In the United Kingdom, with its uncodified constitution, ultimate law-making power lies with Parliament, the House of Commons, House of Lords and the Crown. As A.V. Dicey expressed it, parliamentary sovereignty or supremacy, is the cornerstone of the constitution.
A.V. Dicey’s analysis of sovereignty
In Dicey’s view, parliamentary sovereignty entails three principal aspects. Each of these needs to be studied with care: (i) Parliament – the supreme law-making body – may legislate on any subject-matter.
(ii) No Parliament can be restricted by a predecessor or restrict the power of a future Parliament.
(iii) No body, including a court of law, may question the validity of Acts of Parliament.

‘Parliament can legislate on any subject matter’
However, in Mauritius the doctrine of Parliamentary Sovereignty is subject to some limitation imposed by the constitution.

45. Power to make laws
(1) Subject to this Constitution, Parliament may make laws for the peace, order and good government of Mauritius.
46. Mode of exercise of legislative power
(1) The power of Parliament to make laws shall be exercisable by Bills passed by the Assembly and assented to by the President.

The different organs of the State
(i) The Executive
The executive comprises the Prime Minister and Cabinet ministers. Ancillary to Government is the civil service which runs the administration of the state, and the armed forces and the police which uphold executive power. The role of the executive is to formulate and implement government policy across all

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