I would like to thank the Director of Rushmore Business School for the opportunity of doing this course. This module will surely help me in the future. I would also thank my lecturer Mr. Augnoo Jeevesh and thank all the people who helped me and support me for this assignment. A big thank you for my family who always care for me.
TABLE OF CONTENT
Sources of law mean the origins of law, for example, the binding rules governing human conduct. There are various sources of law such as Primary Legislation, Acts of Parliament, Secondary Legislation, Regulations, International Law and Common Law for example past cases, textbooks and customs. The Republic of Mauritius has an independent Parliament and has the separation of powers which is the Legislative, the Executive and the Judiciary that is embedded in the Constitution. In Mauritius, there are returned Constitution and any law can’t go again the Constitution. The legal systems of United Kingdom were based on judge-made law and have Unreturned Constitution, Rule of Law, separation of power and Parliamentary sovereignty. In the Parliament, there are bicameral, House of Commons and House of Law. Generally, new laws and law reform are brought through Acts of Parliament, frequently inspired by policies of the Government of the day. Moreover, there are legal entities operating in Mauritius and UK that is companies, partnership and sole trader.
2.0 SOURCES OF LAW
Sources of law which a judge of a court can trust to identify the rules of law to decide a case. The legal sources in Mauritius are:
Ø Case of Law
Legislation means affirming the law. There are three types of legislation which is The Constitution, Primary Legislation and Secondary Legislation. The Constitution means the rules and regulations of a country and in section 2 of Mauritius Constitution its state that “This constitution is the supreme law of Mauritius and if any other law is inconsistent with this constitution, that the other law shall, to the extent of the inconsistency, be void”. In addition, Primary Legislation is defined by the power to make Laws of Parliament which is derived by Section 45(1) of the Constitution which provides: “Subject to this Constitution, Parliament may make laws for the peace, order and good government of Mauritius.” Moreover, Secondary Legislation means the allocation of law that is making power by Parliament to Ministers, Local Councils or Government Departments. It is also known as Delegated Legislation.
II. CASE OF LAW
Case of Law is also known as Common Law. Examples of Common Law are past cases and textbook. It is a type of Law which is generally evolving. Therefore, there are new actions to be taken and a new decision. Case law takes statutes, constitutional provisions, regulations and other case law. It is a major source of law in Mauritius and in many cases, this law must be followed in subsequent similar cases.
It is the patterns of behavior that can be verified with a specific social setting. A claim can be supported in the defense of “what has always been done and accepted by law”. Custom is a guide for courts in a situation where nothing is set by law. It is recognised as a general source of law in Mauritius. There are two types of Custom that is a material element and an intellectual element.
2.1 SOURCES OF LAW IN UK
In the UK, there are three types of sources of law that is;
Ø Rule of Law
Ø Separation of Power
Ø Parliamentary Sovereignty
1. RULE OF LAW
It means everybody is equal to the Law. The rule of law must be applied to all conduct and behavior and covers both private and public officials. The most important value of this sources of law is that no one is above the law, there is equality for all before the law and it is constantly applied.
2. SEPARATION OF POWER
It has three institution of state that is Legislative which make Law Parliament, Executive that execute the Law and Judiciary which implement the Law. For example, court and judges which need to be independent.
3. PARLIAMENTARY SOVEREIGNTY
Parliamentary sovereignty formed part of the UK constitution. It makes Parliament the highest legal authority in the UK, which can create or end any law. Normally, the courts cannot master its regulation and Parliament can’t pass any laws that future Parliaments can change. Parliamentary sovereignty is the vital part of the UK constitution.
3.0 LEGISLATION IN EVENT MANAGEMENT IN MAURITIUS
1. HEALTH & SAFETY ACT
Employees have responsibilities to take care of people and provide them with all the necessary facilities. First aider and an ambulance should always be there for any event.
2. FOOD ACT
This act is to ensure for hygiene and cleanliness of the food for people in order to avoid any food poisoning. Employees should apply all the procedure for any occasion for example, they must have food handlers certificate.
3. CODE CIVIL
It is the Mauritius Legal System as these laws are the right of Mauritian and according to these laws The Prime Minister, Ministers, Judges and others rule this country.
4. CODE PENAL
It is a document which assembles an amount of a specific jurisdiction of criminal law.
5. CODE DE COMMERCE
It allows all the businesses have specific law and have several procedures in order to be regulated with the law.
6. COPYRIGHTS ACT
It provides supplementary protection for copyright thought essential due to advances in information technology.
7. TRADE FAIRS ACT
This act is for the safety of customers in order to make provision.
8. VAT ACT
It replaces the sales tax on goods by a value added tax on goods and services so as the purposes are connected there with a subsidiary.