Section 301: Power of Parliament to legislate – Constitution section 45—The Courts

301. Power of Parliament to legislate – Constitution section 45—The Courts of Mauritius have such jurisdiction as is given to them by Acts of Parliament. Parliament itself can only legislate within the framework of the Constitution. Section 34 (b) of the Dangerous Drugs Act 1986 makes it an offence to do anywhere in the world an act preparatory to the commission, in Mauritius, of an offence under the Dangerous Drugs Act, immaterial of the fact whether such act is an offence in the country where it is perpetrated or, as a CON – 243 [Issue 1] The Constitution result of any international treaty. That law was duly enacted by Parliament which, under section 45 of the Constitution, is empowered to make laws for the “peace, order and good government of Mauritius”. A sovereign Parliament has power to enact laws with extra-territorial operation. See Masson v R (1962). The Parliament of Mauritius, so long as it legislates within the framework of the Constitution, is supreme. See Motee v R (1969). Jeeawoody v R (1989).