Constitutional Law

1423 WordsMay 4, 20136 Pages
Constitutional law The Mauritian Parliament has inherited much from the Westminster Model. The Westminster Model is characterised by: * Parliamentary Sovereignty * Separation of Powers between the organs of the State. A. Parliamentary Sovereignty In any state you will find one ultimate source of legal authority. In countries with a written constitution, it will be the constitution which has ultimate authority as in Mauritius. In the United Kingdom, with its uncodified constitution, ultimate law-making power lies with Parliament, the House of Commons, House of Lords and the Crown. As A.V. Dicey expressed it, parliamentary sovereignty or supremacy, is the cornerstone of the constitution. A.V. Dicey’s analysis of sovereignty In…show more content…
In essence, Montesquieu states that the three organs of government – the executive, legislature and judiciary – should each have a discrete and defined area of power and that there should be a clear demarcation of functions between them: this is true ‘separation of powers’. Under a written constitution, like Mauritius, the powers allocated to various institutions are clearly defined. It should be noted that even under a written constitution a complete separation of powers is not possible, and that without some degree of interaction between the institutions there would be constitutional deadlock. In Mauritius there is no strict separation of power between the executive and the legislative organs of the State. Ministers are at the same time members of the executive and members of the legislature. Structure of Parliament In England, it is characterized by its bicameralism – ie two houses of Parliament. In Mauritius, there is a single chamber. The Mauritian Parliament comprises of 70 Members Section 31. Parliament of Mauritius (2) The Assembly shall consist of persons elected in accordance with the First Schedule, which makes provision for the election of 70 members Functions of Parliament The main functions of Parliament include the passing of legislation and the scrutiny of the administration through debate,
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