Mauritius Law & Order

Constitution of Mauritius.

The Constitution is the supreme law of the Republic of Mauritius. It defines the State, protects fundamental rights and freedoms, and establishes the principal institutions through which the country is governed.

Constitutional foundation

The legal foundation of the Mauritian State.

The Constitution of Mauritius originated with the Mauritius Independence Order 1968 and came into force in connection with the country’s independence on 12 March 1968.

It establishes the constitutional structure of the State, the institutions responsible for legislation and government, the judiciary, citizenship, public administration and public finance.

Of particular importance is Chapter II, which establishes constitutional protection for fundamental rights and freedoms of the individual.

Constitutional supremacy
The Constitution is the supreme law of Mauritius, and any other law that is inconsistent with it is void to the extent of that inconsistency.

This page provides an accessible overview. The constitutional document itself remains the authoritative reference for its exact provisions.

Constitutional foundations

Three ideas sit at the heart of constitutional government.

The State Sovereign and democratic

Mauritius is constitutionally defined as a sovereign democratic State known as the Republic of Mauritius.

The law Constitutional supremacy

The Constitution occupies the highest position in the legal order and provides the framework within which other laws operate.

The individual Protected rights

Fundamental rights and freedoms are recognised subject to the rights of others and the public interest as provided by the Constitution.

Fundamental rights

Chapter II protects fundamental rights and freedoms.

The Constitution contains detailed provisions governing the scope, protection and limitations of these rights.

Life Constitutional protection of the right to life.
Personal liberty Protection against unlawful deprivation of personal liberty.
Protection from inhuman treatment Constitutional safeguards against prohibited forms of treatment.
Protection of property Provisions concerning property and deprivation of property.
Privacy of home and property Constitutional protection relating to the privacy of the home and other property.
Protection of law Provisions intended to secure the protection of the law.
Freedom of conscience Protection of conscience, including matters of belief.
Freedom of expression Constitutional protection of freedom of expression.
Assembly and association Protection of the freedom to assemble and associate.
Freedom of movement Constitutional provisions relating to movement.
Protection from discrimination Constitutional safeguards relating to discrimination.
Enforcement The Constitution provides mechanisms for enforcement of protected rights.
Structure of the Constitution

The constitutional framework extends across the institutions of the State.

Chapter I The State and the Constitution

Establishes the State and the supremacy of the Constitution.

Chapter II Fundamental Rights and Freedoms

Sets out constitutional protections for individual rights and freedoms.

Chapter III Citizenship

Contains constitutional provisions relating to citizenship.

Chapter IV President and Vice-President

Establishes the constitutional offices of the President and Vice-President of the Republic.

Chapter V Parliament

Covers the National Assembly, electoral provisions, legislation and parliamentary procedure.

Chapter VI The Executive

Establishes executive authority, Ministers, Cabinet and key constitutional offices.

Chapter VIA Rodrigues Regional Assembly

Contains constitutional provisions governing the Regional Assembly and Executive Council of Rodrigues.

Chapter VII The Judicature

Covers the Supreme Court, judges, courts of appeal and constitutional jurisdiction.

Chapter VIII Service Commissions & Public Service

Establishes constitutional arrangements for public-service and related commissions.

Chapter IX The Ombudsman

Establishes the office and constitutional functions of the Ombudsman.

Chapter X Finance

Covers public funds, expenditure, public debt and audit.

Chapter XI Miscellaneous

Contains interpretation and other constitutional provisions relating to public offices, appointments and institutional functions.

Constitutional institutions

Government operates through distinct constitutional institutions.

Legislature Parliament

Parliament exercises legislative power in accordance with the Constitution, including through the National Assembly.

Executive Government

The Constitution establishes executive authority and the institutions responsible for the conduct of government.

Judiciary Courts

The Judicature chapter establishes the Supreme Court and constitutional arrangements concerning the judiciary.

Read the full document

Explore the Constitution in its full legal form.

YUVA hosts a copy of the Constitution of the Republic of Mauritius published by the Mauritius National Assembly. The document contains the full constitutional text, detailed provisions, amendments and schedules included in that edition.

This webpage is intended as a general educational overview and does not replace the constitutional text or professional legal advice.