Section 331:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
331. Constitutional redress by means of an action for judicial review—The
applicant, who was in effect claiming redress for breach of his constitutional
right to a fair hearing, applied for a judicial review of the ruling of the Magistrate who was holding a preliminary enquiry on the admission of evidence
unheard in by the prosecution. It was contended that he should have proceeded by way of plaint with summons.
HELD the procedure of plaint with summons is not the sole avenue under
our law for vindicating constitutional rights. The possibility of seeking constitutional redress by means of an action by judicial review is not ousted.
Fakeemeeah v DPP (2002).
CON – 251 [Issue 1]
The Constitution
B – CASES LISTED IN ORDER OF PROVISIONS
OF THE CONSTITUTION
Name Reference
General Reference
Separation of Powers – Lincoln v Governor-General 1973 MR 290
Ramgoolam v Speaker 1993 MR 269
Police v Khoyratty 2004 MR 137
State v Khoyratty 2006 MR 210
Public Interest – Reufac v Minister of Agriculture 1980 MR 20
Electoral Districts – Roussety v Attorney-General 1967 MR 45
Human Rights – T/Council of Curepipe v Arbitration Tribunal 1966 MR 127
Provision