The Constitution, Constitutionalism and the Economy of Mauritius: An Assessment of Their Interactions Critical to the Relative Economic Success of the Country

IF 0.2 Q4 LAW
R. Mahadew
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引用次数: 1

Abstract

The success of Mauritius as an economy, despite a rather dismal prediction by Nobel Prize recipient James Meade in 1961, has been appealing to many local and international researchers who have written extensively the subject. However, what role have the Constitution of Mauritius and the broad notions of constitutionalism played in this economic success have been critical questions that have been left unanswered. The article discusses firstly how, despite the Mauritian Constitution not being one which is economy-oriented in a direct way, has contributed immensely through the concept of constitutionalism. Secondly, the role of constitutionalism and its impact on the Mauritian economy is also assessed with particular reference to the three arms of government and the judiciary. Finally, the article argues that, as a way forward and to further bolster the Mauritian economy, it is essential now for the Constitution to directly devote a chapter on economic development through relevant and necessary amendments. The main argument to this proposition is that enshrining the concept, methods, and directions that the economy should take in the Constitution confers more constitutional protection and guarantees that no regressive measures are allowed in future.
毛里求斯的宪法、宪政和经济:对该国相对经济成功至关重要的相互作用的评估
尽管诺贝尔奖得主詹姆斯·米德(James Meade)在1961年做出了相当悲观的预测,但毛里求斯作为一个经济体的成功吸引了许多撰写了大量这一主题的本地和国际研究人员。然而,毛里求斯宪法和广泛的宪政概念在这一经济成功中发挥了什么作用,一直是没有得到答复的关键问题。本文首先讨论毛里求斯的宪法虽然不是一部直接以经济为导向的宪法,但它透过宪政的概念对经济发展作出了巨大贡献。其次,还评估了宪政的作用及其对毛里求斯经济的影响,特别提到了政府的三个部门和司法部门。最后,这篇文章认为,作为前进和进一步支持毛里求斯经济的一种方式,现在宪法必须通过有关和必要的修正案,直接专门用一章讨论经济发展。这一主张的主要论点是,将经济应该采取的概念、方法和方向写入宪法,可以提供更多的宪法保护,并保证今后不允许出现倒退措施。
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
18
期刊介绍: The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.
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