Supreme Court Of Mauritius
Wrrite an essay of between 800-1,000 words describing the role of The Supreme Court of Mauritius.
In 1850 the Supreme Court o f Mauritius was created and vested with the same power, authority and jurisdisction as The High Court in England. It is recognised as the highest court of Justice in the hierarchy of courts and it stands above District Courts, Bail and Remand Court (BRC), the Juvenile Court, the Court of Rodrigues, the visiting Magistrates for Agalega, the Intermediate Court and the Industrial Court. Nevertheless it sits below the Privy Council. Section 15 of the Courts Act provides that the Supreme Court of Mauritius is a superior court with all powers to govern all the laws of Mauritius.It is the final court of Justice in Mauritius.
…show more content…
It protects and guarantees the rights and freedom of the citizens. Any person who feels that his rights are violated or abused may apply to the Supreme Court for redress, reference is made to the Section 17(1) of the Constitution. The Supreme Court of Mauritius also intervenes in cases where the sum or matter in dispute exceeds Rs500,000. Whenever there are appeals which come from other courts which have been mentioned above, it has got full power to hear and judge their appeals. Furthermore, the Supreme Court of Mauritius deals with all matters concerning commercial issues such as insolvency ,bankruptcy or winding up of companies. The Supreme Court of Mauritius has to deal also with serious cases such as murder. Section iii (1) of the Courts Act provides exclusive jurisdiction in case for Divorce or Judicial Separation, interdiction of persons, matters of bankruptcy, any action where the civil status of a person is concerned, the right of inheritance, the rights governing marriage, the owner of property, the validity of will or …show more content…
35 of the Courts Act.
However, section 36 of the Courts Act makes provisions for the Chief Justice to allow two or more judges regarding the gravity and importance of the case to hear a case.
Offences of criminal gravity like murder are tried at the Assizes( the Supreme Court in its capacity over criminal jurisdiction) before a Presiding Judge and 9 jurors . It is relevant to note that a criminal case can be heard by only a Judge of the Supreme Court , e.g. cases of drugs trafficking..
By virtue of Section 84 of the Constitution lower courts must abide by the ruling of the Supreme Court ,e.g. Accountant-General v Baie du Cap Estates (1988)
One no less but important element of the Supreme Court, very essential for the safeguard of democracy and transparency as per Section 18 (1) makes reference to complaint and abuse of professional conduct by a minister and a law practitioner, The Supreme Court is empowered by virtue of its jurisdiction to remove them or suspend them from office.
The Supreme Court has two Divisions of Appeal : civil and criminal. The Civil Court of Appeal hears and decides appeals from the decisions of the Supreme Court. .It consists of two or three judges, as decided by the Chief Justice. When the Chief Justice is absent , he may be replaced by a Senior Puisne
Comparing Michigan's Judicial System
2120 Words | 9 PagesThere are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
The Significance Of The 1992 Mabo High Court Case
702 Words | 3 PagesThe 1992 Mabo High Court case represents one of the most profound cases in Australian history leading to the turning point of Reconciliation for Aboriginals and Torres Strait Islanders. As a result of this decision, it changed the legislation of the indigenous Australians introducing land rights and impacted the indigenous Australians society rights and freedom as a more desirable outcome in the movement towards Reconciliation. The 1992 Mabo court case was a pivotal turning point in the progressive Reconciliation in Australia. It paved the pathway for Indigenous land rights and confronted the state of Queensland and Australian commonwealth to regain their freedom and equality.
Supreme Court Role In Checks And Balances
119 Words | 1 PagesThe United States is a constitutional republic with a representative democracy, the political system consists of three branches of government; Executive, Legislative, and Judicial. The Supreme Court established under the Judiciary Act of 1789 is an integral part of America’s political system, which plays an important role in the checks and balances between the three branches of Government. The Supreme Court’s role in checks and balances was established following the case of Marbury vs. Madison, when the Supreme Court was granted the ability to perform Judicial Review. Over the last two centuries the Supreme Court has further evolved by becoming more involved with civil liberties and individual rights, as well as by changing the way the constitution
Dual Federalism
1114 Words | 5 PagesThe judicial branch consists of the Supreme Court, which has the right to solve any dispute between national and regional
Supreme Courts Dbq
1112 Words | 5 PagesThe Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with
Does The Supreme Court Have Too Much Power Essay
589 Words | 3 PagesDoes the Supreme Court Have Too Much Power? Article Three, Section One of the Constitution states that “The judical power of the United States, shall be vested in one supreme court, and in such inferior Courts as the Congress may from time to time ordain and establish.”. Throughout the years, the Supreme Court has evolved significantly. According to the United States Courts, the Surpeme Court can range from having a low of 5 members to a high of 10 members, the Supreme Court plays an important role in the government today. Although the Supreme Court of Justice is at the head of the court system, the power of the Supreme Court has grown exponentially to a point where it could be considered more powerful than Congress and the power of
Dual Court System
635 Words | 3 PagesThe District Courts have original jurisdiction and is where most of the violations of federal law as well as civil law are decided. There are 94 district courts divided into 13 circuits in the federal court system to include territorial courts in Guam, Virgin Islands, Northern Mariana Islands, and Puerto Rico. The Circuit Courts of Appeals was created by Congress to lessen the load of the Supreme Court just like the intermediate courts of appeals does for the state supreme court. With only appellate jurisdiction, it only reviews cases for errors in the law. The third component of the federal court system and the highest court in America is the United States Supreme Court.
The Constrained Court
429 Words | 2 PagesThe Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
Three Levels Of The Federal Courts Essay
492 Words | 2 PagesGoing up from there are the circuit courts, the district courts of appeal, and the supreme court. There are 67 county courts, one in each county. These courts are of limited jurisdiction and deal with only minor offenses. The circuit courts are the states courts of original jurisdiction and are courts of record. They also hear appeals from the county courts.
Explain The Three Branches Of The Texas Constitution
807 Words | 4 PagesIn the state of Texas there are two courts of final appeal. The highest court for civil matters is the nine member Texas Supreme Court. The nine member Texas Court Criminal Appeals is for criminal matters. The number and variety of courts are confusing to the average citizen. The judges in these courts have only general qualifications who need not be lawyers and these judges are selected in a partisan election, which is a general election where the candidates are nominated by the political parties and their respective party labels appear on the ballot.
The Canadian Judicial System
1155 Words | 5 PagesThis consists of the Governor General acting on the advice of the Prime Minister for judges of the Supreme Court of Canada and chief and associate chief justices in the provinces; and on the advice of the Minister of Justice for all other superior court judges. (Justice.gc.ca,
M1 Unit 1 Legal System
893 Words | 4 PagesNicholas Zirpoli Law and Society Professor Weiss September 25, 2015 Unit 1 Legal Systems Unit 1 explores the legal systems of the world starting with the United States. We learned things from how the government was created, to the Bill of Rights. Its all about the laws and how it affects our society as a whole. We also take a look into different governments like France, China, and Saudi Arabia and compare them with our own government.
Role Of Judiciary In Malaysia
1103 Words | 5 PagesThe highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. Our courts structure is divided into superior courts and subordinate courts. The High Court, Court of Appeal and the Federal Court are superior courts, while the Magistrates Court, the Court for Children and the Sessions Court are subordinate courts. A
Syariah Court Essay
2288 Words | 10 PagesThe legal implications and feasibility of integrating the Syariah courts into the federal judicial system through restoration of Article 121 of Federal Constitution Prior to 1988, Article 121(1) of Federal Constitution provided as follows: Subject to Clause (2) the judicial power of the Federation shall be vested in two High Courts of co-ordinate jurisdiction and status, namely— (a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur; and (b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Borneo and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;
Importance Of Stare Decisis In Malaysia
814 Words | 4 PagesIn Malaysia, the court at the top of the hierarchy is the Federal Court. This means that all the courts are bound by its decision. Next is the Court of Appeal, then the two High Courts, and then the subordinate courts. The courts may not decline to follow the higher court’s decision on grounds that it is wrong or rendered obsolete by changing conditions or even by per incuriam. A case where the vertical operation was applied is in Harris Solid State (M) Sdn Bhd & Ors v Bruno Gentil s/o Pereira [1996].
More about Supreme Court Of Mauritius
Comparing Michigan's Judicial System
2120 Words | 9 PagesThe Significance Of The 1992 Mabo High Court Case
702 Words | 3 PagesSupreme Court Role In Checks And Balances
119 Words | 1 PagesDual Federalism
1114 Words | 5 PagesSupreme Courts Dbq
1112 Words | 5 PagesDoes The Supreme Court Have Too Much Power Essay
589 Words | 3 PagesDual Court System
635 Words | 3 PagesThe Constrained Court
429 Words | 2 PagesThree Levels Of The Federal Courts Essay
492 Words | 2 PagesExplain The Three Branches Of The Texas Constitution
807 Words | 4 PagesThe Canadian Judicial System
1155 Words | 5 PagesM1 Unit 1 Legal System
893 Words | 4 PagesRole Of Judiciary In Malaysia
1103 Words | 5 PagesSyariah Court Essay
2288 Words | 10 PagesImportance Of Stare Decisis In Malaysia
814 Words | 4 Pages