Abstract

Mauritius has a unique hybrid legal system which has evolved from the French and the English legal systems. On 12 March 1968, Mauritius acceded to Independence and was “granted” a Westminster Independence Constitution, drawn up in Whitehall, London . Apart from a few minor amendments no in-depth review of the Constitution has been undertaken. Thus Mauritius still applies its 1968 Independence Constitution in 2024, despite major changes in its economy, societal build of its population. It is more and more felt that features considered as cornerstones of constitutionalism are missing. The present article will endeavour to highlight how the 1968 Independence Constitution of Mauritius can still be applied comprehensively to present day situations by reference to human dignity. While human dignity is specifically mentioned in the Constitution of South Africa such is not the case in the Constitution of India and yet the Supreme Court of India has delivered landmark judgments on human dignity.

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