Section 84: Reference of constitutional questions to Supreme Court
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.
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.
[S. 84 amended by Act 48 of 1991.]
CHAPTER VIII – SERVICE COMMISSIONS AND THE PUBLIC SERVICE
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Questions this section answers
- If a lower court faces a serious constitutional question, must it refer it to the Supreme Court?