Section 47: Alteration of Constitution
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.
47. Alteration of Constitution
(1) Subject to this section, Parliament may alter this Constitution.
(2) A Bill for an Act of Parliament to alter any of the following provisions
of this Constitution—
(a) this section;
(b) sections 28 to 31, 37 to 46, 56 to 58 other than 57 (2), 64, 65,
71, 72 and 108;
(c) Chapters II, VII, VIII and IX;
(d) the First Schedule; and
(e) Chapter XI, to the extent that it relates to any of the provisions
specified in paragraphs (a) to (d),
shall not be passed by the Assembly unless it is supported at the final voting
in the Assembly by the votes of not less than three quarters of all the members of the Assembly.
(3) A Bill for an Act of Parliament to alter the provisions of section 1 or
57 (2) shall not be passed by the Assembly unless—
(a) the proposed Bill has before its introduction in the Assembly
been submitted, by referendum, to the electorate of Mauritius
and has been approved by the votes of not less than three quarters of the electorate;
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The Constitution
(b) it is supported at the final voting in the Assembly by the votes
of all the members of the Assembly.
(4) A Bill for an Act of Parliament to alter any provision of this Constitution (but which does not alter any of the provisions of this Constitution as
specified in subsection (2)) shall not be passed by the Assembly unless it is
supported at the final voting in the Assembly by the votes of not less than
two thirds of all the members of the Assembly.
(5) In this section, references to altering this Constitution or any part of
this Constitution include references to—
(a) revoking it, with or without re-enactment or the making of different provision;
(b) modifying it, whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
(c) suspending its operation for any period, or terminating any such
suspension.
[S. 47 amended by Act 2 of 1982; Act 48 of 1991.]
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Questions this section answers
- How many votes in the National Assembly are needed to change the Constitution?
- Can the form of the state itself be changed without a referendum?