The written Constitution of the Republic of Mauritius is based on the doctrine of separation of powers. The Constitution clearly sets out the separation of powers among the Legislative, the Executive and the Judiciary.
Mauritius adopts the system of parliamentary democracy, which is based on the Westminster model. The Head of State is the President, who is appointed by the National Assembly and the Head of Government is the Prime Minister who presides over the Council of Ministers. Parliament has the power to make laws within the framework of the Constitution and functions according to Standing Orders, which are very close to the Westminster model.
The Constitution provides the mechanism through which the independence of the judiciary can be maintained. The judiciary consists of the Supreme Court and other courts of lesser jurisdiction, namely, the Intermediate Court, the District Courts and the Industrial Court. Appeals from the lower courts are heard before the Supreme Court. Further safeguarding fundamental rights and freedoms, the Constitution provides for appeals from the Supreme Court to be made to the Judicial Committee of the United Kingdom’s Privy Council in London which sits as court of final appeal.
The Supreme Court also sits as a court of equity. Thus the equitable remedies which are available under the common law of England and Wales are also available through the Supreme Court. In addition, urgent matters can also be referred to the Judge in Chambers.