The Mauritius judicial system is a sovereign democratic organ having the responsibility and the power to administer the justice on this island. The Constitution represents the vital element in the democratic system’s functioning, necessary to uphold the law’s rule and affording the protection of the citizens’ fundamental rights. The Mauritius judicial system is a single-structured one made of the subordinate Courts and the Supreme Court.
The subordinate Courts include the industrial court, the intermediate court, the district court and the court of Rodrigues. There are diverse divisions of the Supreme Court that exercises the jurisdiction such as Court of Appeal, the Court of Criminal Appeal, the Court of Civil Appeal and the Court of first instance in criminal and civil matters.
The final decision of the Mauritius judicial system belongs to the Court of Appeal, as the Constitution provides. At a population of 1.200.000 people, the Supreme Court has 12 judges (a number that includes the Chief Justice) and the Subordinate Court has 40 magistrates. The Mauritius judicial system has states having the old codes of France as basics and on the recent English law.
There is one chief justice of the Supreme Court and 6 judges serving on 10 district courts as well as on the industrial court, the intermediate court, the court of civil appeal and on the court of the criminal appeal. Someone can make the final appeal at the UK Privy Council. The chief justice is nominated by the president that consults the prime minister. The associate judges are also nominated by the president advised by the chief justice.
The other judges are nominated by the president too with the advice of the legal and judicial service commissions. The Mauritius judicial system offers the public trials for the criminal defendants who have the counsel right, including the court-appointed counsel. The 14 puisne judges, the senior puisne judge and the chief judge compose the Supreme Court. The judges are of the Court of Civil Court and of the Court of Criminal Appeal also.
The main point of the Mauritius judicial system, the Supreme Court is the country’s highest authority in justice, having all the jurisdiction and powers to administer the island’s laws. The Supreme Court has the unlimited jurisdiction to determine and hear any criminal and civil proceedings, having the original jurisdiction of the England’s High Court.
It has all the authority and powers to exercise the jurisdiction as the Court of Equity. The Supreme Court practices supervisory jurisdiction on subordinate Courts to supervise that the justice is administered by Courts of these type.
This organ of the Mauritius judicial system has the jurisdiction of determining if the Constitution’s provision is contravened, which includes the power of determining if the Parliament’s law is void or it contravenes the Constitution’s provisions. The Supreme Court has the power to secure the protective provisions’ enforcement. The judges’ retiring age is 67 and the magistrates’ is 65.