General structure

1. Heading:
- Begin with a clear heading that identifies the subject or topic of the question.

2. Introduction:
- Provide a brief introduction that outlines the key issues raised by the question.
- State any relevant legal principles or rules applicable to the question.

3. Facts:
- Present the relevant facts of the case or scenario provided in the question.

4. Issues:
- Identify and list the legal issues that need to be addressed based on the given facts.

5. Rule/Law:
- State the legal principles, statutes, regulations, or case law relevant to each identified issue.

6. Application:
- Apply the law to the facts of the case. Explain how the legal principles should be interpreted and
applied in the given context.

7. Analysis:
- Break down the analysis of each issue into clear and concise points.
- Consider alternative arguments or perspectives.

8. Conclusion:
- Summarize your findings and conclusions for each issue.
- Clearly state whether each legal issue is likely to be resolved in favor of a party and why.

9. Recommendations (if applicable):

- If the question calls for it, provide recommendations or suggest a course of action based on your
legal analysis.

10. Legal Authority and Citations:

- Support your analysis with references to relevant legal authorities. Provide proper citations
according to the prescribed citation style.

11. Clarity and Organization:

- Ensure that your response is well-organized and easy to follow. Use headings and subheadings
where appropriate.
12. Time Management:
- Manage your time effectively, allocating sufficient time to each part of the question. Be mindful of
the overall time limit for the exam.
13. Professional Tone:
- Maintain a professional and objective tone throughout your response.
1996

Part A
Question 1
Discuss to what extent may the power of Parliament to make laws be subjected to judicial
control in Mauritius.

Key points:

● Constitution as supreme law governing legislative power

● Recognition of parliamentary sovereignty as a fundamental principle.
● WHY ? for constitutional consistency, Ensuring Parliament adheres to its constitutional mandate and respects
fundamental rights. Judiciary ensures that laws are consistent with fundamental rights, constitutional provisions,
and the rule of law.
● Rule of Law: review legislation - ensure that it complies with the rule of law. I.e clear, consistent, and applied
equally to all individuals.

● Government Branches
● Balance of Powers: balance between parliamentary sovereignty and judicial control, emphasis on maintaining the
rule of law through this balance.
● Separation of Powers - Exec - S58 C - upholding the rule of law and ensuring constitutionality.

● Judicial Review - Order 53 of the Rules of Supreme Court of England

● The judiciary has the authority to review legislation and assess its constitutionality.
● Protection of Fundamental Rights: Judicial review often involves assessing whether legislation infringes upon
fundamental rights and freedoms guaranteed by the constitution.
● Constitutional Limitations : Constitution placing limits on parliamentary authority, Courts empowered to
intervene if legislation violates constitutional constraints.
● Constitutional review - Judiciary authority to review legislation & assess its constitutionality
● Judicial Interpretation - Judges may interpret legislation to ensure that it aligns with constitutional principles &
not exceed the powers granted to the legislative branch.
● Ultra Vires Doctrine: If Parliament exceeds its constitutional or statutory authority, the courts can declare its
actions ultra vires and void.

Heading:
Judicial Control of Parliamentary Legislation in Mauritius

Introduction:
The power of Parliament to enact laws is a fundamental aspect of the legislative process in Mauritius. However,
the extent to which the judiciary can control parliamentary legislation is a critical aspect that requires analysis.
● Context: Examination of the extent of judicial control over parliamentary sovereignty in Mauritius.
● Importance: Crucial for understanding the constitutional framework and balance of powers.
Facts:
- Parliament in Mauritius holds the authority to enact laws.
- The Constitution serves as the supreme law of the land, providing a framework for the exercise of legislative
power.

Issues:
1. The scope of judicial control over parliamentary legislation.
2. Constitutional limitations on legislative power.

Rule/Law:
- The Constitution of Mauritius delineates the powers and functions of each branch of government.
- Judicial review is a recognized principle allowing the judiciary to assess the constitutionality of legislative acts.

Application:
- The judiciary in Mauritius has the authority to review parliamentary acts for consistency with the Constitution.
- Judicial control extends to ensuring that Parliament does not exceed its constitutional mandate and respects
fundamental rights.

Analysis:
1. Judicial Review:
 - The Privy Council and the Supreme Court of Mauritius have affirmed the power of judicial review.
- Courts can examine the legality, constitutionality, and procedural correctness of legislation.

2. Constitutional Limitations:
- The Constitution establishes limits on Parliament's authority, protecting fundamental rights and the rule of law.
- Courts may intervene if legislation violates these constitutional constraints.

Conclusion:
In Mauritius, judicial control over parliamentary legislation is a vital element in upholding the rule of law and
ensuring the constitutionality of enacted laws. While Parliament enjoys significant legislative powers, the judiciary
acts as a check to prevent any overreach and to safeguard individual rights.

Recommendations (if applicable):

- Emphasise the importance of a harmonious balance between parliamentary sovereignty and judicial review.
- Suggest that any expansion or restriction of judicial control should be carefully considered to maintain the
integrity of the legal system.

Legal Authority and Citations:

- Article [X] of the Constitution of Mauritius.
- Relevant case law, such as [Case Name, Year].

Clarity and Organization:

The response is structured to address each component of the question systematically, ensuring clarity and
coherence.
Professional Tone:
Maintains a professional and objective tone throughout the response, focusing on legal analysis rather than
personal opinion.
Question 2
Discuss -
(a) the power of the President to withhold assent when a bill passed by the Assembly is
submitted to him for assent;
(b) the remedies in case of a violation of the Constitution by the President.

Question 3
Explain how and to what extent may the Constitution be altered.

Question 4
Discuss -
(a) the protection afforded by the Constitution against “discrimination”;
(b) how a law derogating from the provisions protecting against “discrimination” may be valid
without being inconsistent with or in contravention of section 16 of the Constitution.

Part B