Question

Mauritius law has various sources of law as consequence of its French and British colonization history. What are the various sources of Mauritian law?

Answer 1

Sources of Mauritian law-

1.legislation

2.Case law

3.Custom

1.Legislation- it refers to staying the law.

Legislation is the most important source of law in Mauritius,the legislation in Mauritius has 3 forms-

A.Supreme legislation ( The constitution)- the constitution is a legal document Which contains all the legal provisions to govern the courty.It specifies powers and rights held by the people.

B.Primary legislation- it refers to the parliament, responsible for processing legislation.The parliament almost has a monopoly in legislation.

C.Delegated legislation-minister can too take regulatory decisions.

2.case law- Case law is the body Which explains the judgement or verdict in the case.Case law is often referred to as common law.

3.custom- Custom can be understood as the established pattern of behavior that can be verified with a social setting.

For a custom to exist 2 requirements must be fulfilled-

A.material element. B.An intellectual element.