D. SPECIFIC DUTIES ON STATES
ARTICLE 25- DUTY TO PROMOTE RESPECT OF RIGHTS UNDER THE CHARTER
States parties to the present Charter shall have the duty to promote and ensure through teaching,
education and publication, the respect of the rights and freedoms contained in the present Charter
and to see to it that these freedoms and rights as well as corresponding obligations and duties are
understood.
ARTICLE 26- DUTY
INSTITUTIONS
TO
GUARANTEE INDEPENDENCE
OF
COURTS
AND
HUMAN RIGHTS
States parties to the present Charter shall have the duty to guarantee the independence of the
Courts and shall allow the establishment and improvement of appropriate national institutions
entrusted with the promotion and protection of the rights and freedoms guaranteed by the present
Charter.
445. The Constitution of Mauritius is based on the Westminster model and rests on two
fundamental tenets: the rule of law and the doctrine of separation of powers. The Constitution
provides for the independence of the Judiciary not only vis-à-vis the Legislature and the Executive
but also vis-à-vis other political or social forces, as illustrated by the entrenched provisions
governing the appointment of Judges, their terms of office and security of tenure, the provisions
governing their removal in case of misconduct and the oath which they are required to honour
under Chapter VII of the Constitution.
446. The appointment of Magistrates is effected by the Judicial and Legal Service Commission
(JLSC) set up under the Constitution. Puisne Judge are appointed by the President acting in
accordance with the advice of the JLSC. This process affords an additional guarantee of the
independence of judges and magistrates.
447. Sections 77 and 78 of the Constitution provide as follows:
77. Appointment of Judges of Supreme Court
(1) The Chief Justice shall be appointed by the President, acting after consultation with
the Prime Minister.
(2) The Senior Puisne Judge shall be appointed by the President, acting in accordance
with the advice of the Chief Justice.
(3) The Puisne Judges shall be appointed by the President, acting in accordance with the
advice of the Judicial and Legal Service Commission.
(4) (…)
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