(3)
Where the Supreme Court makes a declaration in pursuance of subsection (2) that
any provision of the Constitution has been contravened and the person by whom
the application under subsection (1) was made or, in the case of other proceedings
before the court, the party in those proceedings in respect of whom declaration is
made, seeks relief, the Supreme Court may grant to that person such remedy,
being a remedy available against any person in any proceedings in the Supreme
Court under any law for the time being in force in Mauritius, as the court considers
appropriate.
(4)
The Chief Justice may make rules with respect to the practice and procedure of the
Supreme Court in relation to the jurisdiction and powers conferred on it by this
section (including rules with respect to the time within which applications shall be
made under subsection (1)).
(5)
Nothing in this section shall confer jurisdiction on the Supreme Court to hear or
determine any such question as is referred to in section 37 or paragraph 2(5), 3(2)
or 4(4) of the First Schedule otherwise than upon an application made in
accordance with that section or that paragraph, as the case may be.
Amended by [Act No. 48 of 1991]
84.
Reference of constitutional questions to Supreme Court
(1)
Where any question as to the interpretation of this Constitution arises in any court
of law established for Mauritius (other than the Court of Appeal, the Supreme Court
or a court martial) and the court is of opinion that the question involves a substantial
question of law, the court shall refer the question to the Supreme Court.
(2)
Where any question is referred to the Supreme Court in pursuance of this section,
the Supreme Court shall give its decision upon the question and the court in which
the question arose shall dispose of the case in accordance with that decision or,
where the decision is the subject of an appeal to the Court of Appeal or the Judicial
Committee, in accordance with the decision of the Court of Appeal or, as the case
may be, of the Judicial Committee.
Amended by [Act No. 48 of 1991]
CHAPTER VIII - SERVICE COMMISSIONS AND THE PUBLIC SERVICE
85.
Judicial and Legal Service Commission
(1)
There shall be a judicial and Legal Service Commission which shall consist of the
Chief Justice, who shall be chairman, and the following members (a)
the Senior Puisne Judge;
(b)
the chairman of the Public Service Commission; and
(c)
one other member (in this section referred to as "the appointed member")
appointed by the President, acting in accordance With the advice of the
Chief Justice.