|
|
The Law Reform Commission has been operating as a statutory committee as from 1 December 1992 to 9 January 2006. Since 10 January 2006, it is a Statutory Body.
|
| |
| The functions of the Commission are to:- |
| |
| (a) |
keep under review in a systematic way the law of Mauritius; |
| |
|
| (b) |
make recommendations for the reform and development of the law of Mauritius |
| |
|
|
(c)
|
advise the Attorney-General on ways in which the law of Mauritius can be made as understandable and accessible as is practicable.
|
| |
|
When making its recommendations, the Commission attaches, where applicable and as far as practicable, a draft bill to the recommendations.
|
| |
|
The Commission prepares and submits to the Attorney-General, at the beginning of each calendar year, a program for the review of specific aspects of the law of Mauritius with a view to their reform or development.
|
| |
| The Commission has the power to:- |
| |
|
(a)
|
initiate proposals for the review, reform or development of any aspect of the law of Mauritius and to receive and consider any such proposal made or referred to it by the Attorney-General or anyother person;
|
| |
|
|
(b)
|
initiate, sponsor and carry out such studies and research as it thinks expedient for the proper discharge of its functions;
|
| |
|
|
(c)
|
publicise such parts of its work in such manner as it thinks expedient for the proper discharge of its functions;
|
| |
|
|
(d)
|
request information from any Government department, any organization or person in relation to the review, reform or development of any aspect of the law of Mauritius.
|
| |
|
The Attorney-General may, at any time, request the Commission to examine any aspect of the law of Mauritius, and the Commission shall review that aspect of the law accordingly and report to the Attorney-General thereon with its recommendations.
|
| |
| The Commission consists of:- |
| |
| (a) |
a Chairperson, appointed by the Attorney-General |
| |
|
| (b) |
a representative of the Judiciary appointed by the Chief Justice |
|
|
|
|
|
|
|
|
| (c) |
the Solicitor-General or his representative |
|
|
|
|
|
|
|
|
| (d) |
a barrister, appointed by the Attorney-General after consultation with the Mauritius Bar Council;
|
|
|
|
| (e) |
an attorney, appointed by the Attorney-General after consultation with the Mauritius Law Society
|
| |
|
| (f) |
a notary, appointed by the Attorney General after consultation with the Chambre des Notaires;
|
| |
|
|
(g)
|
a full-time member of the Department of Law of the University of Mauritius, appointed by the Attorney- General after consultation with the Vice-Chancellor of the University of Mauritius; and
|
| |
|
| (h) |
two members of the civil society, appointed by the Attorney-General.
|
| |
|
The Commission employs research and administrative support staff for the efficient carrying out of its functions. The Chief Executive Officer, who is the Responsible Officer, has responsibility for all research to be done by the Commission in the discharge of its functions, for the drafting of all reports to be made by the Commission. A Secretary to the Commission is responsible, under the supervision of the Chief Executive Officer, for the administration of the Commission and taking the minutes of all the proceedings of the Commission.
|
| |
|
In order to advise and assist it on any project, the Commission may establish an advisory panel presided over by a member and consisting of persons having specialized knowledge in, or particularly affected by, the matter to be studied and such other members as the Commission may deem appropriate. The Commission may also engage, on such terms and conditions as it may determine, persons with suitable qualifications and experience as Consultants.
|
| |
|
Following the necessary research, discussion and consultation on any project, the Commission normally produces one of the following publications.
|
|
|
|
|
| (a) |
Issue Paper: this is a paper identifying issues on which interested parties are invited to make submissions;
|
|
|
|
|
|
|
|
|
| (b) |
Research Paper: this contains the findings of research (analytical or empirical) done on specific topics;
|
|
|
|
|
|
|
|
|
| (c) |
Consultation Paper: a paper highlighting matters regarded as problematic and outlining reform options;
|
|
|
|
|
| |
|
|
(d)
|
Discussion Paper: a thorough paper on an area of the law regarded as unsatisfactory with proposals for reform;
|
| |
|
|
(e)
|
Report: this sets out the results of the Commission's research and consultation and usually makes a number of recommendations for law reform to Government.
|
| |
|
An Issue Paper on Research Paper, as well as a Consultation or Discussion Paper, will usually be followed by a report (to which is attached a draft Bill).
|
| |
|
The Commission submits every year in July an annual report to the Attorney-General on its activities during the preceding year. A copy thereof is laid before the National Assembly.
|