Grant of Bail and Separation of Powers – Legal Notes by Arvind Datar

Arvind Datar, party whip

by Arvind Datar

A decade ago, in State v Abdool Rachid Khoyratty  (2006) UKPC 13, an appeal from Mauritius, the Judicial Committee of the Privy Council delivered an important judgment that underlined the importance of the doctrine of separation of powers. An attempt to take away the powers of the court to grant bail was questioned on the ground that such legislation would violate the principles of separation of powers.

In 1986, the Parliament of Mauritius passed a law . . .

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