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Constitutional Development
On the constitutional plan, the Council of Government which was first established in 1825, was enlarged in 1886 to make room for elected representatives. The new council included 10 members elected on a restricted franchise. It was not until 1933 that the Constitution was again amended in a significant respect. The proportion of nominated members of the Council not holding public office was raised to two-thirds. However, franchise was still restricted to persons within a certain income bracket and to proprietors. A major breakthrough occurred in 1948, when after years of protracted negotiations for a more liberal constitution, franchise was extended to all adults who could pass a simple literacy test. The Council of Government was replaced by a Legislative Council composed of 19 elected members, 12 members nominated by the Governor and three ex-officio members. General elections were held in August 1948 and the first Legislative Council met on 1st September 1948. Following constitutional conferences held in London in1955 and 1957, the ministerial system was introduced and general elections were held on 9th March 1959. Voting took place for the first time on the basis of universal adult suffrage and the number of electors rose to 208,684. In 1961, a Constitutional Review Conference was held in London and a programme of further constitutional advance was established. It was followed in 1965 by the last constitutional conference which -paved the way for Mauritius to achieve independence. After general elections in 1967, Mauritius adopted a new constitution and independence was proclaimed on 12 March 1968. Mauritius achieved the status of Republic 24 years later on 12 March 1992. Political System The constitution of Mauritius is based on the British parliamentary democracy, separating the Legislative, Executive and the Judiciary functions. The President of the Republic, who is the Head of State, is elected by the National Assembly. The National Assembly is the supreme legislative body, and its members are elected every five years by universal suffrage. Executive power is vested in the Prime Minister and his cabinet of 25 ministers. Legal System The main sources of law are the Constitution, the statutes, the Criminal Code, the Civil Code, the Commercial Code, the Code of Civil Procedure, case law and international treaties. The legal system derives from French & English sources. During the French occupancy the country’s legal system was governed by French law – the Civil Code is still known as the Code Napoleon two centuries after the departure of the French. The Civil Code largely remained in force under British rule, but amendments in civil, criminal, commercial, and procedural laws were made. Mauritius, therefore, enjoys a hybrid legal system combining both civil and common law practices. Independence of the Judiciary is guaranteed by the Constitution. The Supreme Court, which is the highest judicial authority, is a superior court of record and the principal court of civil and criminal jurisdiction. The Constitution has maintained the right of appeal against final judgments of the Supreme Court to the Judicial Committee of the Privy Council of Great Britain. |