Open University of Mauritius

LLB (HONS) [OUba029]

BA (HONS) LAW AND MANAGEMENT [OUba032]

EXAMINATION FOR: July/August 2020

MODULE: Foundations of Law and Foundation of Mauritian

Legal System [Ouba029111]/[OUba032111]

DATE: Wednesday 22 July 2020

DURATION: 2 Hours

INSTRUCTIONS TO CANDIDATES

1. The paper consists of Section A and Section B.

2. Section A is Compulsory.
3. Answer ANY TWO (2) questions from Section B.
4. Always start a new question on a fresh page.
5. Total marks: 100.

This question paper consists of 5 questions and 3 pages.

Page 1 of 3
 SECTION A
COMPULSORY

QUESTION 1 [40 MARKS]

Mauritius has inherited mixed English and French law. Its double colonization
accounts for the mixed system. There are various sources of law irrespective it is in
Mauritius or elsewhere, but some sources are more important than another. In France,
India and the USA including Mauritius, the constitution is considered to be the supreme
law of the land. In fact, legislation consists of the laying down of rules by a body which
has a law-making authority. Before it becomes a law, an Act of Parliament is known
as a bill which may either be private, public or private member’s bill. Thus, enforcing
laws is very important for any country as well as Mauritius.

With reference to the text above, answer the following questions:

(a) Describe the various main sources of law. (25 marks)

(b) Explain the stages involved before a bill becomes enforceable as a Law in
Mauritius. (15 marks)

SECTION B
ANSWER ANY TWO (2) QUESTIONS

QUESTION 2 [30 MARKS]

(a) Distinguish, with examples, between the internal and external aids of statutory
interpretation. (10 marks)

(b) Explain the judicial rules of statutory interpretation while referring to examples
and law cases. (20 marks)

Page 2 of 3
QUESTION 3 [30 MARKS]
(a) Describe the jurisdiction of the intermediate court. (10 marks)

(b) Explain the exclusive jurisdiction of the district court. (10 marks)

(c) Discuss whether the magistrate can be subject to a challenge. (10 marks)

QUESTION 4 [30 MARKS]

Critically discuss on the doctrine of separation of powers.

QUESTION 5 [30 MARKS]

(a) Describe the importance of law in society (10 marks)

(b) Discuss any five major fundamental human rights as protected under the
Constitution of Mauritius.

(20 marks)

Page 3 of 3