Checks and Balances: A Deep Dive into Judicial Review in Mauritius
Qs & As
By Lex
In any modern democracy, the Constitution serves as the ultimate law of the land, establishing the rules by which a nation is governed. While various branches of government are tasked with upholding this foundational document, the judiciary holds a unique and powerful position. Its role as the supreme guardian and interpreter of the Constitution allows it to act as a crucial check on both the legislative and executive branches. In this week’s Qs&As, Lex explores the vital function of judicial review, examining how courts, including the Supreme Court and the Privy Council, can nullify government actions to ensure they are consistent with constitutional principles and fundamental rights.
* It is said that in most modern democracies, the Constitution is the supreme law of the land. The role of the courts, particularly the highest courts — not the President of the Republic or whoever is the head of State — is to act as the ultimate guardian and interpreter of the Constitution. Is that correct?
The President of the Republic must uphold and defend the Constitution under Section 28 of the Constitution. The Supreme Court of Mauritius, on the other hand, acts as the guardian of the Constitution, functioning as its highest interpreter and enforcer, ensuring that all laws and government actions are consistent with the nation’s supreme law.
* Does it mean that, as interpreter of the Constitution, the highest court of the land — the Supreme Court, and the court of last appeal, the Privy Council — can nullify a government’s decision, even one made by an elected government?
Yes, as an interpreter of the Constitution, the highest court of the land, the Supreme Court, and the Privy Council can nullify a government’s decision. The Supreme Court and ultimately the Privy Council exercise judicial review, scrutinizing legislation and executive actions to prevent unconstitutional breaches and to uphold the rule of law and fundamental rights guaranteed by the Constitution.
* Could you explain, using a recent case as an example, the practical difference between a court nullifying a government decision because it was unlawful versus it being unconstitutional?
What matters is the decision’s compatibility with the Constitution. Both a decision and a piece of legislation will be struck down if found to be unconstitutional.* Read More… Become a Subscriber
Mauritius Times ePaper Friday 12 September 2025
An Appeal
Dear Reader
65 years ago Mauritius Times was founded with a resolve to fight for justice and fairness and the advancement of the public good. It has never deviated from this principle no matter how daunting the challenges and how costly the price it has had to pay at different times of our history.
With print journalism struggling to keep afloat due to falling advertising revenues and the wide availability of free sources of information, it is crucially important for the Mauritius Times to survive and prosper. We can only continue doing it with the support of our readers.
The best way you can support our efforts is to take a subscription or by making a recurring donation through a Standing Order to our non-profit Foundation.
Thank you.
