juris

Section 331:

Constitution · PART VII: REDRESS

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

Ask juris about this section Official source