Adopted on: ۱۹ Aug ۱۹۹۲
Preamble
The sovereign Malagasy people٫ profoundly attached to their cultural and
spiritual values٫ especially to the basis of national unity; affirming their
belief in God the Creator; faithful to their international commitments;
adopting the International charrrter of Human Rights٫ the African charrrter
of Human Rights٫ the Convention on Children''s Rights٫ and considering these
to be an integral part of their law; convinced that the growth of their
personality and identity is basic to their harmonious development٫ the
essential conditions of which are recognized to be:
– respect for and protection of fundamental liberties٫ individual and
collective;
– separation and balance of powers to be exercised through democratic
procedures;
– openness in the conduct of public affairs as a guarantee of citizen
participation in the exercise of power and efficient effective supervision;
– the establishment of a State in which the people and the public officials are
subject to the same legal norms under the supervision of an independent
judiciary;
– protection of national unity through the implementation of a policy of
balanced development in all areas;
– dedication to peace and fraternity;
– struggle against injustice٫ inequality٫ and discrimination in all its forms;
and
– the application of effective decentralization;
declares:
Title I General Principles
Article ۱ [People٫ State٫ Democracy]
(۱) The Malagasy people shall constitute a Nation organized as a sovereign٫
secular State.
(۲) This State shall be a Republic٫ unique and indivisible٫ and shall be named
"Republic of Madagascar."
(۳) Democracy shall be the basis of the Republic. Its sovereignty shall be
exercised within the territorial limits recognized by international law.
Article ۲ [Territorial Entities٫ Autonomie]
(۱) The Republic of Madagascar shall be organized in decentralized territorial
entities whose autonomy shall guaranteed by the Constitution.
(۲) These territorial entities shall cooperate with the State developing the
national community.
Article ۳ [National Territory]
The national territory shall be inalienable.
Article ۴ [Motto٫ Emblem٫ Anthem٫ Seals٫ Coat of Arms٫ Language]
(۱) The Republic of Madagascar shall have for its Motto: "Homeland – Revolution
– Liberty".
(۲) Its national emblem shall be a tri-colored flag٫ white٫ red٫ and green٫
consisting of three rectangular bands of equal dimensions. Starting on the edge
closest to the flagpole٫ the first band shall be vertical and white; the
other two shall be horizontal٫ the upper one red and the lower green.
(۳) The national anthem shall be: "Oh٫ Dear Homeland".
(۴) The State Seals and Coat of Arms shall be defined by law.
(۵) Malagasy shall be the national language.
Article ۵ [Capital]
The Capital of the Republic shall be Antananarivo.
Article ۶ [Sovereignty٫ Representation٫ Electoral Rights]
(۱) Sovereignty shall belong to the people٫ who shall exercise it through their
representatives elected by direct or indirect universal suffrage or through a
referendum. No faction or individual may usurp the exercise of sovereignty.
(۲) All citizens٫ of both sexes٫ who possess civil and political rights shall
be electors under conditions determined by law.
(۳) Electoral status may be removed only by judicial decision.
Article ۷ [Rule of Law]
Law shall be the expression of popular will. The law shall be the same for all
in protection٫ in obligation٫ or in punishment.
Article ۸ [Citizen Equality٫ No Discrimination]
(۱) Citizens shall be equal under the law٫ enjoying the same fundamental
liberties protected by law.
(۲) The State shall prohibit all discrimination based on sex٫ education٫
wealth٫ origin٫ race٫ religion٫ or opinion.
Title II Liberties٫ Rights٫ Duties
Section I Civil and Political Rights and Duties
Article ۹ [Rule of Law]
The exercise and protection of individual rights and fundamental liberties
shall be organized by law.
Article ۱۰ [Expression٫ Association٫ Assembly٫ Move٫ Religion]
Freedom of opinion and expression٫ communication٫ press٫ association٫ assembly٫
travel٫ conscience٫ and religion shall be guaranteed to all and may be limited
only in respect of the rights and liberties of others and of the necessity to
safeguard public order.
Article ۱۱ [Information]
(۱) Information in all forms shall be subject to no prior restraint.
(۲) Conditions of freedom of information and its responsibility shall be
determined by law and by codes of professional ethics.
Article ۱۲ [Leave٫ Travel٫ Settle]
(۱) Everyone shall have the right to leave the territory and to return under
conditions established by law.
(۲) Everyone shall have the right to travel and to settle freely within the
territory of the Republic while respecting the rights of others and the limits
of the law.
Article ۱۳ [Liberty٫ Home٫ Communication٫ Nulla Poena Sine Lege٫ Legal
Recourse٫ Counsel]
(۱) Everyone shall be assured of protection of his person٫ his residence٫ and
his correspondence.
(۲) No search may take place except under law on the written order of the
competent judicial authority٫ except in cases of flagrante delicto.
(۳) No one may be prosecuted٫ arrested٫ or detained except in cases determined
by law٫ according to the forms prescribed by law.
(۴) No one may be punished except by virtue of a law promulgated and published
prior to the commission of the act to be punished.
(۵) No one may be punished twice for the same deed.
(۶) The law shall assure everyone access to justice; lack of resources will
not be no obstacle.
(۷) The State shall guarantee full٫ inviolable rights of defense in all
jurisdictions and all stages of procedure٫ including the preliminary
investigation٫ Judicial police٫ and court.
Article ۱۴ [Association٫ Political Parties]
(۱) Citizens may organize freely without prior authorization in associations
and political parties; however٫ associations or political parties which
preach totalitarianism or segregation of an ethnic٫ tribal٫ or religious nature
are forbidden.
(۲) The law shall establish conditions for the creation and functioning of
associations and political parties.
Article ۱۵ [Eligibility٫ Electoral Rights]
Every citizen shall have the right to be a candidate in the elections provided
for in this Constitution٫ without discrimination based on membership in a
political party٫ under conditions established by law.
Article ۱۶ [Duty to Respect the Laws]
Within the limits of the democratic liberties recognized by this Constitution٫
everyone shall have the duty to respect the Constitution٫ institutions٫ laws٫
and regulations of the Republic.
Section II Economic٫ Social and Cultural Rights and Duties
Article ۱۷ [Personal Integrity٫ Dignity٫ Development]
The State shall organize the exercise of rights which guarantee to the
individual personal integrity and dignity٫ and complete physical٫ intellectual٫
and moral development.
Article ۱۸ [National Service]
National service shall be an honorable duty. It shall not affect employment or
political rights.
Article ۱۹ [Health٫ No Abortion]
The State shall recognize every individual''s right protection of his health٫
starting from conception.
Article ۲۰ [Family٫ Inheritance]
The family٫ the natural basis of society٫ shall be protected by the State.
Everyone shall have the right to form a family and to bequeath personal goods
through inheritance.
Article ۲۱ [Protection of Family٫ Mother٫ Child]
The State shall protect the well-being of the family٫ the mother and child٫ by
legislation and by appropriate social institutions.
Article ۲۲ [Promotion of Development]
The State shall attempt٫ as its means permit٫ to assure the intellectual
development of every individual٫ limited only by each person''s ability.
Article ۲۳ [Education٫ Training٫ Parents'' Responsibility]
(۱) Every child shall have the right to education and training٫ with the
responsibility of the parents٫ and respecting their freedom of choice.
(۲) Every adolecscent shall be entitled to professional training.
Article ۲۴ [Public Education]
The State shall organize public education٫ free and accessible to all. Primary
education shall be compulsory for all.
Article ۲۵ [Private Education]
(۱) The State shall recognize the right to private education and shall
guarantee freedom of education subject to conditions of health٫ morality٫ and
capacity established by the law.
(۲) Private educational establishments shall have the benefit of the same
fiscal regime٫ with conditions established by law.
Article ۲۶ [Culture٫ Science]
(۱) Everyone shall have the right to participate in the cultural life of the
community٫ in scientific progress٫ and the resulting benefits.
(۲) The State shall assure the promotion and protection of the natural cultural
heritage٫ as well as artistic and literary production.
Article ۲۷ [Work٫ Public Employment]
(۱) Work and professional training shall be a right and a duty for every
citizen.
(۲) Access to public institutions shall be open to every citizen with no
conditions other than those of ability and aptitude.
Article ۲۸ [Workers'' Equality]
No one may suffer injury in his employment because of sex٫ age٫ religion٫
opinion٫ origin٫ or political conviction.
Article ۲۹ [Remuneration]
Every citizen shall have the right٫ based on the quality and product of his
work٫ to fair remuneration to assure him and his family a living appropriate to
human dignity.
Article ۳۰ [Handicapped]
Through social agencies٫ the State shall attempt to provide for the needs of
every citizen who٫ by reason of age or physical or mental handicap٫ is unable
to work.
Article ۳۱ [unionnn]
(۱) The State shall recognize the right of every worker to defend his interests
through unionnn activity and especially freedom to form a unionnn.
(۲) However٫ membership in a unionnn shall be voluntary.
Article ۳۲ [Workers'' Participation]
Every worker shall have the right to participate٫ through his representatives٫
in determining the rules and conditions of employment.
Article ۳۳ [Strike]
The right to strike shall be recognized and exercised under conditions
established by law.
Article ۳۴ [Private Property]
The State shall guarantee the right to private property. No one can be deprived
of property except for public use and with the condition of fair٫ prior
compensation.
Article ۳۵ [Minority Rights]
(۱) The Fokonolona may take appropriate measures to prevent destruction of
their environment٫ loss of their land٫ seizure of herds of cattle٫ or loss of
their ceremonial heritage٫ unless these measures jeopardize the common interest
or public order.
(۲) The coverage and terms of these provisicns shall be determined by law.
Article ۳۶ [Taxation]
Every citizen''s share in public expenditures must be progressive and
calculated on his ability to pay.
Article ۳۷ [Enterprise]
The State shall guarantee free enterprise within the limits of respect for the
common good٫ public order٫ and the environment.
Article ۳۸ [Capital٫ Investment]
The State shall guarantee the security of capital and investment.
Article ۳۹ [Environment]
Everyone shall have the duty to respect the environment; the State shall
assure its protection.
Article ۴۰ [State Neutrality٫ Ombudsmen]
(۱) The State shall guarantee the political neutrality of the administration٫
the Armed Forces٫ justice٫ the police٫ education٫ and training.
(۲) The State shall be committed to instituting an independent agency
responsible for the promotion and protection of human rights.
Title III Structure of the State
Article ۴۱ [Powers]
The structure of the State shall include:
– the execccutive power٫ consisting of the President of the Republic and the
Government;
– the legislative power٫ formed by the National Assembly and the Senate;
– the judicial power٫ exercised by the Administrative and Financial
Constitutional Court٫ the Supreme Court٫ Courts of Appeal٫ Tribunals٫ and the
High Court of Justice.
Article ۴۲ [Remuneration]
The law shall determine the amount٫ the conditions٫ an the method of payment of
the salaries to individuals elected to fulfill the duties or carry out the
functions provided for in this Constitution.
Article ۴۳ [No Corruption]
(۱) No one called to carry out an office under this Constitution may accept
presents or remuneration٫ except for his official salary٫ from any person or
corporation domestic or foreign٫ under penalty of dismissal.
(۲) The application of these provisions shall be determined by law.
Title IV execccutive
Section I President of the Republic
Article ۴۴ [Presidential Office]
The President of the Republic shall be the Head of State. As "Ray aman-dreny"
he shall assure respect for the Constitution. He is responsible for the regular
functioning of public powers; he shall be responsible for national
independence and territorial integrity and shall assure protection of٫ and
respect for٫ national sovereignty within national territory and abroad; he
shall be the symbol of national unity.
Article ۴۵ [Election٫ Term٫ Re-election]
The President of the Repllblic shall be elected by universal direct suffrage
for a five-year term. He may be re-elected for one additional term.
Article ۴۶ [Eligibility٫ Resignation٫ Candidacy]
(۱) All candidates for the office of President of the Republic
must possess all civil and political rights and must be at least ۴۰ years old
at the time the candidacy is declared.
(۲) To become a candidate٫ the President then in office must resign one day
before the beginning of the electoral campaign.
(۳) Other conditions for candidacy shall he established by law.
Article ۴۷ [Second Ballot]
(۱) The election for President of the Republic shall take place٫ upon
convocation of the Government٫ no less than thirty days and no more than sixty
days before the expiration of the term of the President of the Republic then in
office.
(۲) The election shall be by a majority of the votes on the first ballot. If
this is not obtained٫ the President of the Republic shall be elected on the
second ballot by plurality of one of the two candidates havinggg received the
greatest number of votes on the first ballot.
Article ۴۸ [Oath]
Before assuming office٫ the President of the Republic shall swear the following
oath before the Nation and in the presence of the National Assembly٫ the
Senate٫ and the Constitutional Court٫ specially convened:
"###"
Article ۴۹ [Incompatibilities]
The office of President of the Republic shall be incompatible with any other
elective public office٫ any other professional activity٫ and any activity
within a political party or group of political parties.
Article ۵۰ [Permanent Incapacity]
The permanent incapacity of the President of the Republic may be declared by
the Constitutional Court following a resolution adopted by not less than
two-thirds of the deputies in the National Assembly; for violation of the
Constitution; and for any other cause duly stated and proved resulting in
his permanent incapacity to exercise his duties.
Article ۵۱ [Temporary Incapacity]
(۱) The temporary incapacity of the President of the Republic may be declared
by the Constitutional Court following a resolution adopted by at least a
two-thirds majority of the deputies in the National Assembly.
(۲) Removal of temporary incapacity shall be decided by the Constitutional
Court. Temporary incapacity may not exceed a period of three months٫ after
which permanent incapacity must be declared by the Constitutional Court.
Article ۵۲ [Replacement]
(۱) In case of vacancy٫ permanent incapacity or temporary incapacity٫ the
duties of the President of the Republic shall be temporarily exercised by the
President of the Senate.
(۲) In case of vacancy or perrnanent incapacity٫ the election of the new
President shall take place within the period provided for in Article ۴۷.
Article ۵۳ [Appointment of Prime Minister and Ministers]
(۱) The President of the Republic shall appoint the Prime Minister under the
conditions established in Article ۹۰.
(۲) Following the appointment of the Prime Minister٫ he shall appoint the other
members of the Government٫ and may terminate their duties.
Article ۵۴ [President and Government]
(۱) The President shall preside over the Council of Ministers.
(۲) He shall sign ordinances of the Council of Ministers in the
cases and conditions provided for by this Constitution
(۳) He shall sign the decrees debated in the Council of Ministers.
Article ۵۵ [Head of Military]
(۱) The President shall be the Supreme Head of the Armed Forces; he shall
preside over the Superior Council of National Defense whose organization and
duties shall be established by law. He shall declare defense policy in the
Superior Council of National Defense٫ within general State policy.
(۲) He shall decide upon the commitment of armed forces and resources in
foreign interventions٫ after consulting the Superior Council of National
Defense٫ the Council of Ministers٫ and the Parliament.
(۳) He shall appoint military officials to represent the Malagasy State in
international agencies.
Article ۵۶ [Competences]
(۱) The President of the Republic shall accredit and recall ambassadors and
envoys extraordinary of the Republic of Madagascar to foreign States and
international organizations.
(۲) He shall receive credentials and requests for recall from States and
international organizations recognized by the Republic of Madagascar.
(۳) He shall negotiate and ratify treaties. He shall be informed of all
negotiations leading to the conclusion of an international agreement which is
not submitted for ratification.
(۴) He shall make appointments through the Council of Ministers to high offices
of the State; he may delegate this power to the Prime Minister.
(۵) He may refer matters directly٫ if needed٫ to administrative agencies.
(۶) He shall have the right of pardon.
(۷) He shall confer the decorations of the Republic of Madagascar.
Article ۵۷ [Promulgation of Laws٫ Request for Reconsideration]
(۱) The President of the Republic shall promulgate laws within two weeks
following transmittal to him of laws adopted by the National Assembly. This
period may be reduced to five days in an emergency declared by the National
Assembly.
(۲) He may٫ before the expiration of this period٫ ask the National Assembly to
reconsider the law or certain articles of the law.
(۳) In the absence of promulgation within the period provided٫ the President of
the Senate may substitute for the President of the Republic.
Article ۵۸ [Dissolution of Parliament]
The President of the Republic may dissolve the National Assembly at the request
of the Council of Ministers under the terms of Article ۹۵.
Article ۵۹ [State of Emergency٫ Martial Law]
(۱) The President of the Republic٫ meeting with the Council of Ministers٫ with
the agreement of the Presidents of the National Assembly٫ the Senate٫ and the
Constitutional Court٫ may proclaim a state of emergency or martial law for the
defense of the Republic٫ for public order٫ or for State security٫ as
circumstances require.
(۲) The proclamation of a state of emergency shall confer special powers on the
President of the Republic; their extent and duration shall be specified by
law.
Article ۶۰ [Countersignature]
Acts of the President of the Republic shall be countersigned by the Prime
Minister and the Ministers responsible for execccuting them.
Section II Government
Article ۶۱ [Tasks٫ Head of Government٫ Nomination]
(۱) The Government shall consist of the Prime Minister and other Ministers.
(۲) The Government shall determine and carry out State policy.
(۳) The Government shall have at its disposal the administration and the armed
force.
(۴) The Government shall be responsible to the National Assembly under
conditions provided for in Title V.
(۵) The Prime Minister shall be the Head of the Government. He shall he
appointed by the President of the Republic under conditions established by
Article ۹۰.
(۶) Other members of the Government shall be appointed by the President of the
Republic following nomination by the Prime Minister.
Article ۶۲ [Ministerial Incompatibilities]
The duties of a member of the Government shall be incompatible with the
exercise of any other elective public office٫ professional representation٫
public employment٫ or any other paid professional activity.
Article ۶۳ [Prime Minister''s Competences]
(۱) The Prime Minister shall direct the activity of the Government and shall be
responsible for coordinating the activities of the Ministries.
(۲) He may initiate laws.
(۳) He shall assure the execccution of laws.
(۴) He shall assure the execccution of judicial decisions.
(۵) He shall have at his disposal administrative agencies and shall assure the
proper functioning of public services and the proper management of public
finance.
(۶) He shall assure puhlic security and maintain order٫ while respecting
fundamental liberties and human rights: for this purpose٫ he shall have at his
disposal all police٫ security٫ and defense agencies.
(۷) He shall preside over the Interministry Committee of Defense٫ which is
responsible for establishing defense policy; he shall have at his disposal
the Secretariat of defense. The organization and duties of these agencies shall
be determined by law.
(۸) He shall be the Head of the Administration; he shall appoint civil and
military officials as well as other State officials.
(۹) He shall preside over the Council of Government.
(۱۰) He shall assure development
(۱۱) He may delegate certain powers to Government members with the option to
subdelegate.
Article ۶۴ [Council of Government Competences]
In the Council of Government٫ the Prime Minister may:
– determine State policy and execccute it;
– propose bills to be submitted to Parliament;
– exercise regulatory power;
– createee plans for economic and social development as well as land
development;
– negotiate and sign international agreements which are not submitted to
ratification; and
– exercise other duties for which Government consultation is required under
this Constitution and individual laws.
Article ۶۵ [Countersignature]
Actions of the Prime Minister shall be countersigned٫ when approprite٫ by the
Ministers responsible for execccuting them.
Title V Legislature
Section I National Assembly
Article ۶۶ [Title٫ Election٫ Term]
(۱) The members of the National Assembly shall have the title of Deputies of
Madagascar.
(۲) They shall be elected by direct universal suffrage for four-year terms.
Article ۶۷ [Parliamentary Incompatibilities٫ No Directed Votes]
(۱) The office of deputy shall be incompatible with the exercise of any other
public employment٫ except education٫ and with any other elective public office.
(۲) A deputy who is appointed member of the Government shall automatically
resign the office of deputy.
(۳) All directed votes shall be null and void.
Article ۶۸ [Law on Election]
The law shall establish the number of members of the National Assembly٫ the
distribution of seats throughout the national territory٫ as well as electoral
districts and voting procedures. The law shall also establish conditions of
eligibility٫ regulation of ineligibility and dismissal٫ as well as conditions
for the election of persons replacing deputies in case of vacancy٫ until the
next Assembly election.
Article ۶۹ [Indemnity٫ Immunity٫ Control]
(۱) No deputy may be prosecuted٫ investigated٫ arrested٫ detained٫ or judged
for opinions and votes cast by him in the exercise of his duties.
(۲) For the duration of legislative sessions٫ no deputy may be prosecuted or
arrested in a criminal or correctional matter٫ without the authorization of the
bureau of the Assembly٫ except in case of flagrante delicto.
(۳) Outside of legislative sessions٫ no deputy may be arrested without the
authorization of the bureau of the Assembly٫ except in case of flagrante
delicto٫ authorized prosecution٫ or final conviction.
(۴) Anyone may bring to the attention of the National Assembly the acts or
omissions of a deputy. The permanent bureau must furnish a prompt response.
Article ۷۰ [President and Bureau of the Assembly]
The President of the National Assembly and members of the bureau shall he
elected at the beginning of the first session for the duration of the
legislature. However٫ they may be replaced when necessary by a vote of
two-thirds of the deputies.
Article ۷۱ [Sessions]
The National Assembly shall meet officially in two ordinary sessions per year.
The length of each session may not be less than sixty days nor more than ninety
days. The first session shall begin on the first Tuesday in May٫ and the
second٫ devoted principally to the adoption of the budget٫ on the last Tuesday
in September.
Article ۷۲ [Extraordinary Sessions]
(۱) The National Assembly shall meet in extraordinary session with an
established agenda٫ upon the initiative of the President of the Republic and
the order of the Council of Ministers٫ or called by the President of the
Council of Ministers at the request of one-third of its members.
(۲) The duration of the session may not exceed twelve days. However٫ closure
may be declared as soon as the National Assembly has covered the agenda for
which it has been convened.
Article ۷۳ [Publicity]
(۱) Sessions of the National Assembly shall be public. A record shall be kept
and publicized under conditions provided for by law.
(۲) The National Assembly may meet in closed session at the request of the
Government or of one-fourth of its members.
Article ۷۴ [First Session]
The new National Assembly shall meet officially in a special session on the
second Tuesday following the proclamation of election results٫ to constitute
its bureau and to choose the new Prime Minister. The session shall end after
the installation or the naming of the new Prime Minister.
Article ۷۵ [Procedural Rules]
The procedural rules of the National Assembly shall be established as general
principles by law٫ and in specific terms by internal regulation.
Section II Senate
Article ۷۶ [Title٫ Term]
Members of the Senate shall have the title of Senator of Madagascar. Their term
of office shall be four years.
Article ۷۷ [Election٫ Appointment٫ Nomination٫ Incompatibility]
(۱) Two-thirds of the Senate shall consist of an equal number of members
elected in each electoral district by elected representatives of the
territorial entities٫ and one-third shall consist of members representing
economic٫ social٫ cultural٫ and religious groups appointed by the President of
the Republic upon nomination by legally constituted organizations and groups.
(۲) The office of Senator shall be incompatible with that of deputy.
Article ۷۸ [Re-election]
One-half of the Senate٫ in both categories٫ shall be eligible for re-election
every two years. Its procedural rules٫ compensation٫ and means of designating
its members shall be established by law.
Article ۷۹ [Competences]
The Senate shall examine public and private bills; it must be consulted by
the Government on economic٫ social٫ and territorial questions.
Article ۸۰ [Sessions]
(۱) The Senate shall meet during sessions of the National Assembly.
(۲) It may also meet in special session at the request of the Government. In
that case٫ its agenda shall be limited by the Government.
(۳) When the National Assembly is not in session٫ the Senate may only discuss
questions upon which the Government has consulted it٫ to the exclusion of
legislative bills.
Article ۸۱ [Applicable Provisions]
The provisions of Articles ۶۸٫ ۶۹٫ ۷۰٫ ۷۱٫ ۷۳٫ and ۷۵ shall be applicable to
the Senate.
Section III Legislative Function٫ Relations With Government
Article ۸۲ [Legislation]
(۱) Laws shall be voted by Parliament under conditions established by this
section. Parliament shall consist of the National Assembly and the Senate.
(۲) In addition to matters referred to the Parliament by other articles of the
Constitution:
I) The law shall establish rules concerning:
– civil rights and fundamental guarantees granted to individuals and groups for
the exercise of rights and liberties;
– nationality and citizenship;
– obligations imposed by national defense upon citizens and their property;
– organization of the family٫ the State٫ and the status of persons٫ the
regulation of marriage٫ inheritance and gifts٫ and the drafting and
codification of customs regarding citizenship;
– the creation of new jurisdictions٫ the organization of administrative and
financial agencies and the rules of procedure applicable to them٫ civil and
commercial rules of procedure٫ the status of magistrates٫ and the guarantees of
their independence;
– the determination of crimes and misdemeanors٫ as well as the applicable
penalties٫ criminal procedure٫ and amnesty;
– judicial regulation of property and the conditions under which property may
be subject to expropriation or requisition for public use or transfer of
property to the State;
– the creation of categories of public establishments;
– election procedures in the territorial entities٫ the jurisdiction and
resources of these entities٫ and their relation to the State;
– property transfers from the public sector to the private sector; and
– regulation of currency.
II) The law shall establish the fundamental principles of the following:
– the organization of national defense and the use of the Armed Forces or
police forces by civil authorities٫ the status of the armed forces٫ and their
neutrality;
– the status of civil servants and public agents;
– the status of teachers and researchers in higher education;
– the status of the national police;
– the status of correctional officers;
– the judicial regulation of civil and commercial obligations;
– the juridical framework of relations between employers and employees٫ trade
unionnn rights٫ and the right to strike;
– professional training;
– the organization of professions; and
– protection of the environment.
III) The law shall determine the basis٫ rate٫ and methods of collection for
assessments of all types. The budget shall establish the amount and nature of
State resources and obligations for budgetary balance; this shall be
discussed and voted upon under the conditions provided for in Article ۸۸.
IV) The law shall determine the policies and goals of State action in economic٫
social and environmental areas.
V) War may only be declared by Parliament. VI) A state of national emergency
may be declared by the President of the Republic in accordance with Article ۵۹;
extension beyond two weeks may only be authorized by Parliament. VII) The
law shall establish limitations to individual and public liberties during
emergencies.
VIII) Ratification or approval of alliances or commercial treaties٫ treaties or
agreements regarding international organization which commit State finances٫
which deal with the status of persons٫ peace treaties٫ treaties which involve
the ceding exchange or acquisition of territory must be authorized by law.
Prior to any ratification٫ treaties shall be submitted by the President of the
Republic to the Constitutional Court. In case of non-conformity with the
Constitution٫ ratification may take place only after Constitutional revision.
Article ۸۳ [Regulations]
(۱) Matters not within the jurisdiction of the law shall be regulatory matters.
Regulations may be modified by decree with the consent of the Constitutional
Court.
(۲) Regulations which take effect after the adoption of this Constitution may
be modified by decree only after the Constitutional Court declares that they
are regulatory in nature by virtue of the preceding paragraph.
Article ۸۴ [Initiative٫ Statement of Government٫ Acceptability]
(۱) The power to introduce legislation shall be vested concurrently in the
President of the Republic and the deputies.
(۲) Government bills and amendments formulated by deputies shall be made known
to the Government٫ which shall respond within a period of thirty days.
(۳) At the expiration of this period٫ Parliament shall proceed to examine the
bills or amendments for adoption.
(۴) Bills or amendments shall not be acceptable if their adoption would entail
reduction in public assets or the increasing of State debts except in regard to
appropriation bills.
(۵) In the course of the legislative procedure٫ if a bill or amendment does not
appear to be a legal matter٫ the Government shall declare it unacceptable. In
case of disagreement behveen the Government and the National Assembly or the
Senate٫ the Constitutional Court٫ at the request of either assembly٫ shall rule
within one week.
Article ۸۵ [Priority of Governmental Bills]
The agenda of the assemblies shall give priority٫ in the order that the
Government has established٫ to the discussion of bills and amendments presented
by the Prime Minister.
Article ۸۶ [Examination٫ Disagreement٫ Joint Commission]
(۱) Each Government or private bill shall be examined first by the Assembly to
which it has been presented and then shall be sent to the other Assembly.
(۲) Discussion shall take place successively in each Assembly until a single
text is adopted.
(۳) When٫ following a disagreement between the two Assemblies٫ a Government or
private bill has not been adopted after two readings in each Assembly٫ or if٫
after one reading by each of the Assemblies٫ the Government has declared an
emergency٫ the Prime Minister has the option to createee a joint commission
responsible for creating a text on the provisions under discussion. The text
prepared by the joint commission may be submitted by the Government for the
approval of the two Assemblies. No amendment will be acceptable without the
agreement of the Government.
(۴) If the commission does not succeed in adopting a joint text٫ or if the text
is not adopted under conditions provided for in the preceding article٫ the
Government may ask the National Assembly for a final ruling.
Article ۸۷ [Required Vote]
The Government٫ responsible under the conditions provided for in Article ۹۱٫
may require that each of the Assemblies vote on all or part of the provisions
under discussion:
– in extraordinary session٫ provided these texts have been presented within
forty-eight hours of the opening of the session;
– in the last eight days of each of the ordinary sessions.
Article ۸۸ [Appropriations Bill]
(۱) Parliament shall examine the appropriations bill during its second ordinary
session.
(۲) Under the authority of the Prime Minister٫ as Head of the Government٫ the
Minister responsible for the budget shall prepare the appropriations bill٫
which shall be enacted in the Council of Government. Parliament shall have a
period of at least sixty days to examine it.
(۳) The National Assembly shall have a period of thirty days from the
presentation of the bill for the first reading. In the absence of a decision
within this period٫ the bill shall be considered adopted and sent to the
Senate.
(۴) Under the same conditions٫ the Senate shall have a period of two weeks for
the first reading and each Assembly shall have five days for each of the
following readings.
(۵) In the absence of a decision by an Assembly in a given period٫ the bill
before it shall be considered adopted.
(۶) If the Parliament has not adopted the appropriations bill before the end of
the second session٫ the provisions of the bill may be put into effect by
ordinance٫ including one or more of the amendments adopted by the two
Assemblies.
(۷) Any amendment to the appropriations bill which entails an increase in
spending or a decrease in public resources must be accompanied by a bill to
increase revenue or an equivalent savings.
(۸) Conditions for the adoption of an appropriations bill shall be provided by
law.
(۹) If the appropriations bill for a fiscal year has not been presented in time
to be promulgated before the beginning of that fiscal year٫ the Government
shall ask Parliament for authorization to collect taxes and createee credits
by decree for services which have been voted.
Article ۸۹ [Presidential Messages]
The President of the Republic shall communicate with the Parliament by messages
which shall not give rise to debate.
Article ۹۰ [Designation of Prime Minister٫ General Program]
(۱) At the beginning of each legislature٫ or in case of resignation of the
Government or vacancy in the office of Prime Minister for any other reason٫ the
National Assembly٫ by a majority of its memhers٫ shall designate a Prime
Minister from among its members or elsewhere within a period of seven days from
the opening of the special session or from the date of the vacancy.
(۲) Within two weeks of his election٫ the Prime Minister shall present his
general program of action to the National Assembly.
(۳) Election shall be by secret ballot by a majority of the members of the
National Assembly. This vote is personal and shall not be delegated. The
President shall appoint the Prime Minister elected by the National Assembly. If
the appointment does not take place within ten days٫ the election by the
National Assembly shall take effect immediately.
(۴) In the event of rejection٫ the designated Prime Minister shall have a
maximum of seven days to present a new program which shall be adopted under the
preceding conditions.
(۵) In the event of another rejection٫ or in case the National Assembly has not
elected a Prime Minister for whatever reason within thirty days from the
opening of the special session or the vacancy in the office of Prime Minister٫
the President of the Republic shall appoint a new Prime Minister. In this case٫
no motion of censure may be voted upon before the presentation of the annual
report provided for in Article ۹۲.
Article ۹۱ [General Program of Action٫ Vote of Confidence]
(۱) The general program of action٫ once adopted٫ may not be
reopened by the National Assembly.
(۲) However٫ in the course of implementation٫ if the Government deems necessary
fundamental modifications of the program٫ the Prime Minister shall submit these
modifications to the National Assembly.
(۳) After deliberation by the Government٫ the Prime Minister may commit his
Government by requesting a vote of confidence.
(۴) This vote shall not take place earlier than forty-eight hours after
presentation of the question of confidence. If two-thirds of the members of the
National Assembly so vote٫ the Government shall present its resignation to the
President of the Republic.
(۵) A new Prime Minister shall be chosen by the National Assembly to form a new
Government under the conditions provided for in Article ۹۰.
Article ۹۲ [Annual Report of Government]
In the first ordinary session٫ the Government shall present to the National
Assembly an annual report on the implementation of its program.
Article ۹۳ [Interpellations]
(۱) The National Assembly shall be informed of governmental action by means of
oral questions٫ written questions٫ summonses٫ and commissions of inquiry.
(۲) During ordinary sessions٫ one meeting a month shall be reserved for
questions put to the Government by members of Parliament and for the
Government''s responses.
Article ۹۴ [Motion of Censure]
(۱) The National Assembly may raise the issue of Governmental responsibility by
a Motion of Censure.
(۲) Such a motion is only admissible if it is signed by at least one-fifth of
the members of the National Assembly. A vote shall not take place earlier than
forty-eight hours after presentation of the motion.
(۳) The motion shall be adopted if it is voted by a majority of the memhers of
the National Assembly.
(۴) If the motion is adopted٫ the Government shall present its resignation to
the President of the Republic. The President shall proceed with the
selectttion of a new Prime Minister under conditions provided for in Article
۹۰.
Article ۹۵ [Ministerial Crises٫ Dissolution of Parliament]
(۱) Within a period of eighteen months٫ if two ministerial crises occur
following a vote of no confidence or censure٫ the Council of Ministers may rule
on the dissolution of the National Assembly.
(۲) Dissolution shall be pronounced٫ in accordance with this decision٫ by the
President of the Republic.
Article ۹۶ [Delegation of Powers to President٫ Enabling Law]
(۱) Parliament٫ by majority vote in each Assembly٫ may delegate its legislative
power to the President of the Republic٫ acting in the Council of Ministers٫ for
a limited period and for a specific purpose
(۲) Delegation of power shall authorize the President of the Republic to take٫
by ordinance in the Council of Ministers٫ general measures of law. They shall
take effect upon publication but shall elapse if a ratification bill is not
presented to the National Assembly before the date set by the enabling law.
Title VI Judiciary
Section I General Provisions
Article ۹۷ [Courts]
In the Republic of Madagascar٫ justice shall be rendered in conformity with the
Constitution and the law in the name of the Malagasy people٫ by the
Administrative and Financial Constitutional Court٫ the Supreme Court٫ Courts of
Appeal٫ Tribunals٫ and the High Court of Justice.
Article ۹۸ [Independence]
The judicial power shall be independent of the execccutive and legislative
powers. The Administrative and Financial Constitutional Court and the Supreme
Court shall assure this independence.
Article ۹۹ [Personal Independence]
(۱) Magistrates٫ judges٫ and assessors shall be independent in all their
judicial activities and shall be answerable only to the Constitution and the
law.
(۲) To this end٫ with the exception of cases provided for by law and
disciplinary power٫ they may not be hindered in any way in the exercise of
their duties; they may not be called to account for decisions they render or
in which they participate.
Article ۱۰۰ [Protection of Magistrates]
Bench magistrates shall not be transferable; they shall occupy the post
appropriate to their rank; they may not be reassigned٫ without their
consent٫ except in case of necessity duly declared by the Superior Council of
the Bench.
Article ۱۰۱ [Public Prosecutor''s Magistrates]
Magistrates in the Public Prosecutor''s office shall be organized by rank;
however٫ in their conclusions or indictments٫ they shall act according to their
own convictions and in conformity with the law. They shall supervise the
judicial police٫ which shall be at their disposal.
Article ۱۰۲ [Magistratorial Incompatibilities]
The duties of magistrate shall be incompatible with any activity within a
political party٫ public office٫ or any other remunerated professional activity.
Article ۱۰۳ [General Inspection of Justice]
(۱) The office of General Inspection of Justice٫ consisting of representatives
from Parliament٫ the Government٫ and the magistrates٫ shall be responsible for
supervising the regulation of magistrates٫ as well as the actions of judicial
personnel.
(۲) This office shall be connected to the Supreme Court.
(۳) The President of the Republic٫ the Parliament٫ the Government٫ heads of
court٫ legally constituted associations٫ and any individual may refer matters
to the office of General Inspection of Justice.
(۴) Rules regarding the organization٫ functions٫ and duties of the office of
General Inspection of Justice shall be established.
Article ۱۰۴ [National Council of Justice]
(۱) The National Council of Justice٫ a consultative body consisting of the
First President of the Supreme Court (as President)٫ the General Prosecutor of
the Supreme Court٫ the heads of the Courts of Appeal٫ representatives of the
execccutive and legislative power٫ the Administrative and Financial
Constitutional Court٫ the Superior Council of Magistrates٫ and auxiliaries٫ may
make recommendations to improve the general functioning of justice. To this
end٫ they may propose to the Government legislation or regulatory measures
dealing with the organization and duties of judges٫ magistrates٫ and
auxiliaries.
(۲) Rules regarding the organization and duties of the National Council of
Justice shall be established by law.
Section II Administrative and Financial Constitutional Court
Article ۱۰۵ [Constitution]
(۱) The Administrative and Financial Constitutional Court is a State
institution consisting of:
– the Constitutional Court;
– the Council of State; and
– the Audit Office.
(۲) The President of the Constitutional Court shall be the First President of
the Administrative and Financial Constitutional Court.
Article ۱۰۶ [Competences of the Constitutional Court]
(۱) The Constitutional Court shall be responsible for ruling on the
constitutionality of treaties٫ laws٫ ordinances٫ and regulations٫ as well as
jurisdictional conflicts among two or more State institutions and between State
institutions and the decentralized territorial entities.
(۲) It shall decide contested elections.
Article ۱۰۷ [Constitution of the Constitutional Court]
(۱) The Constitutional Court shall consist of nine members with a single
six-year term.
(۲) Three of the members shall be appointed by the President of the Republic
acting in the Couocil of Ministers٫ two by the National Assembly٫ one by the
Senate٫ and three by the Superior Council of Magistrates.
(۳) The President of the Constitutional Court shall be elected by its members.
This election shall be announced by the President of the Republic.
Article ۱۰۸ [Constitutional Court Incompatibilities]
The duties of a member of the Constitutional Court shall be incompatible with
those of member of the Government٫ or Parliament٫ or any elective public
office٫ or any remunerated professional activity٫ as well as party or unionnn
membership.
Article ۱۰۹ [Competences of the Constitutional Court]
(۱) The Constitutional Court shall supervise referenda and the elections of the
President of the Republic٫ Deputies٫ and Senators.
(۲) It shall announce the results of said referenda and elections.
Article ۱۱۰ [Regular Ruling on Constitutionality of Laws]
(۱) Before promulgation٫ laws shall be submitted by the President of the
Republic to the Constitutional Court for a ruling on their constitutionality.
(۲) A provision ruled unconstitutional by the Constitutional Court shall not be
promulgated. In this case٫ the President of the Republic may decide to
promulgate all other provisions of the law٫ to submit the entire law for
reconsideration by Parliament٫ or not to promulgate the law.
Article ۱۱۱ [Regular Ruling on Constitutionality of Ordinances and Internal
Regulations]
Ordinances٫ before their promulgation٫ and internal regulations of each
Assembly٫ before taking effect٫ shall be submitted to the Constitutional Court
for a ruling on their constitutionality.
Article ۱۱۲ [Advisory Opinion on the Constitutionality of Decrees]
The Constitutional Court may be consulted by public authorities for an advisory
opinion on the constitutionality of any decree.
Article ۱۱۳ [Ruling Pending Court Judgment]
In any jurisdiction٫ if one party raises an objectttion of
unconstitutionality٫ that jurisdiction shall declare a delay of one month to
refer the matter to the Constitutional Court٫ which must rule within one month.
Article ۱۱۴ [Council of State]
(۱) The Council of State may annul actions of the administrative authorities
and may rule on various administrative decisions and on contested claims in
fiscal matters. It shall be the Court of Appeal for judgments rendered by
various administrative bodies and administrative jurisdictions at the first
level of appeal. It shall also make final rulings on decisions rendered by the
highest jurisdictions at the highest level of appeal.
(۲) It may be consulted by public authorities for an opinion on:
– legislative or regulatory bills; and
– interpretation of legislation or regulatory provisions.
(۳) When requested by public authorities٫ it may study bills and the
organization and functioning of public services.
Article ۱۱۵ [Audit Office]
(۱) The Audit Office shall:
– examine the accounts of public accountants;
– supervise the implementation of appropriations laws and the budgets of
entities and public bodies; and
– supervise the accounts and management of public enterprises.
(۲) It shall rule on appeals of judgments rendered by administrative bodies.
(۳) It shall assist the Parliament and the Government in supervising the
implementation of appropriations laws.
Article ۱۱۶ [Organizational Law]
Rules regarding the organization٫ functioning٫ and duties of the Administrative
and Financial Constitutional Court shall be established by law.
Section III Supreme Court
Article ۱۱۷ [Responsibilities]
The Supreme Court shall be the State institution responsible for:
– assuring the regular functioning of the judiciary;
– administering rules applicable to magistrates and to actions of judicial
personnel; and
– ruling on judicial appeals.
Article ۱۱۸ [Constitution]
(۱) The First President and the General Prosecutor shall be the heads of the
Supreme Court. The First President shall be elected by the Superior Council of
Prosecutors and the General Assembly of the Supreme Court. This election shall
be declared by the President of the Republic. His term shall be for three years
and he may be re-elected once.
(۲) The General Prosecutor of the Supreme Court shall be appointed by the
President of the Republic acting in the Council of Ministers٫ from a list
nominated by the Superior Council of Prosecutors. His term shall be for three
years and he may be re-elected once.
Article ۱۱۹ [Organizational Law]
Rules regarding the organization٫ functioning٫ and duties of the Supreme Court
shall be established by law.
Article ۱۲۰ [Annual Report]
The Supreme Court shall address an annual report of its activities to the
President of the Republic٫ the Prime Minister٫ and the Presidents of the
National Assembly٫ the Senate٫ and the Constitutional Court. This report shall
be made public.
Section IV High Court of Justice
Article ۱۲۱ [Responsibilities]
(۱) The President of the Republic٫ the presidents of all the State
institutions٫ members of the Government and of the Administrative and Financial
Constitutional Court and Supreme Court shall be legally responsible for acts
committed in the exercise of their duties which were crimes or misdemeanors at
the time that they were committed.
(۲) They may be judged by the High Court of Justice.
(۳) They may be indicted by the National Assembly by secret ballot of the
majority of its members.
Article ۱۲۲ [Full Jurisdiction]
The High Court of Justice shall have full jurisdiction.
Article ۱۲۳ [Constitution]
(۱) The High Court of Justice shall consist of nine members٫ namely:
– the First President of the Supreme Court (as President);
– three Presidents of the Chambers of the Supreme Court;
– the First President of the Court of Appeals designated by the First President
of the Supreme Court;
– two Deputies and two alternates elected by the National Assembly; and
– two Senators and two alternates elected by the Senate.
(۲) Five alternate prosecutors shall be designated by the General Assembly of
the Supreme Court or the First Presidents or President of Chambers of Courts of
Appeal.
(۳) The Public Prosecutor''s Office shall be represented by General
Prosecutors of the Supreme Court assisted by one or several other prosecutors.
(۴) The Head Clerk of the Supreme Court shall be Clerk of the High Court; in
case of disability of the Head Clerk٫ he shall be replaced by the most senior
Chamber Clerk.
Article ۱۲۴ [Organizational Law]
The organization and procedure of the High Court of Justice shall be
established by law.
Title VII Territorial Entities
Article ۱۲۵ [Tasks]
The decentralized territorial entities٫ endowed with legal identity and
financial autonomy٫ shall constitute the institutional framework for citizen
participation in the management of public affairs and shall guarantee the
expression of their diversity and individuality.
Article ۱۲۶ [Creation]
(۱) The creation of territorial entities must meet criteria of geographical٫
economic. social٫ and cultural homogeneity.
(۲) The name٫ number٫ and limits of territorial entities shall be determined by
law.
Article ۱۲۷ [Assemblies]
Territorial entities shall be freely administered by Assemblies which shall
deliberate on matters devolving to their jurisdiction by this Constitution and
by law. These deliberations shall take effect upon publication. However٫ they
may not conflict with constitutional٫ legislative٫ or regulatory provisions.
Article ۱۲۸ [Local Elections]
(۱) Members of the Assemhlies shall be elected by direct universal suffrage for
a four-year term.
(۲) These Assemblies shall include٫ in part٫ representatives of
legally constituted economic٫ social٫ and cultural bodies within the
jurisdiction of the territorial entity. These representatives shall also be
elected by direct universal suffrage.
(۳) The methods of election to the Assemblies of territorial entities shall be
established by law.
Article ۱۲۹ [execccutive Bureau]
(۱) The implementation of decisions made in the Assemblies shall be assured by
an execccutive bureau directed by an official elected by direct universal
suffrage for a four-year term; he may be re-elected once. The execccutive
bureau shall consist of the leaders of the public services createeed and
financed by the territorial entity or put at its disposal by the State. These
members shall be appointed by the elected leader.
(۲) The execccutive bureau shall be answerable to the elected Assembly.
Article ۱۳۰ [High Official٫ Control٫ Public Order]
(۱) The State shall be represented in the territorial entities by a high
official whose appointment shall be established by law. The State
representative shall be responsible for assuring adherence to legislative and
regulatory provisions. He shall refer to the appropriate judicial authority any
deliberations٫ actions٫ or agreements deemed illegal.
(۲) The State representative shall be responsible for public order and
administration under conditions established by law. He shall be the
representative of all Ministries and shall supervise State services in the
territorial entities.
Article ۱۳۱ [Shared Competences]
The State shall be committed to the establishment of the following:
– distribution of jurisdictions between the territorial entities and the State;
– distribution of revenue between the territorial entities and the State;
and
– distribution of public services between the territorial entities and the
State.
Article ۱۳۲ [Local Tasks]
(۱) The territorial entities shall assure٫ with the cooperation of the State٫
public safety٫ the administration and management of territorial٫ economic٫
social٫ sanitary٫ cultural٫ and scientific development٫ as well as protection
of the environment and improvement in the standard of living.
(۲) The distribution of jurisdictions٫ considering national and local
interests٫ shall be determined by law.
Article ۱۳۳ [Local Finances]
(۱) The distribution of resources٫ based on jurisdictions granted to the
territorial entities٫ shall be determined by law.
(۲) The territorial entities shall establish and manage the budget٫ its
functioning٫ and its investment٫ in harmony with national planning.
Article ۱۳۴ [Local Resources]
The resources of territorial entities shall consist of:
– the proceeds of taxes voted by the Assemblies of the territorial entities and
levied for their budgets; the law shall establish the nature and maximum
rate of these taxes٫ taking into account expenses assumed by the territorial
entities and national expenses;
– their share in the proceeds of taxes levied for the State budget. This pro
rata share shall be determined by law according to a percentage which takes
into account the expenses assumed individually and collectively by the
territorial entities and the level of their own resources٫ in order to assure
fair and equal treatment of the territorial entities and a balanced economic
and social development among all territorial entities. The utilization of its
share shall be freely determined by each territorial collectivity;
– the proceeds of endowments granted by the State to the territorial entities٫
as a whole or in part٫ to meet expenses resulting from the transfer of
jurisdictions٫ or to compensate territorial entities for expenses resulting
from particular programs or projects mandated by the State and implemented by
the territorial entities;
– the proceeds of loans contracted by the territorial entities in the national
or foreign market٫ with the agreement of national monetary authorities٫ with or
without guaranty by the State;
– the proceeds of foreign aid obtained through the national monetary
authorities and the ministerial department responsible for foreign relations;
– the proceeds of gifts; and
– revenue from territorial land.
Article ۱۳۵ [Local Funds٫ Public Treasury]
Funds of territorial entities whose use falls within their jurisdiction shall
be deposited in the public treasury under conditions provided for by law.
Article ۱۳۶ [New Local Entities]
Regional and local administrative districts and structures may be createeed by
decree in the Council of Ministers.
Article ۱۳۷ [Organizational Laws]
Rules regarding the organization٫ functioning٫ and duties of territorial
entities shall be established by law.
Title VIII Amending the Constitution
Article ۱۳۸ [Initiative]
The initiative to amend the Constitution shall be vested either with the
President of the Republic acting in the Council of Ministers or with the
National Assembly upon the proposal of one-third of its members.
Article ۱۳۹ [Majority]
The bill or proposal for amendment shall be adopted only by a three-fourths
majority of the members of the National Assembly and the Senate.
Article ۱۴۰ [Facultative Referendum]
The President of the Republic acting in the Council of Ministers may submit the
amendment to a referendum.
Article ۱۴۱ [Obligatory Referendum]
The Preamble and Titles I٫ II٫ III٫ and VII may be amended only by means of
referendum.
Article ۱۴۲ [Republic]
The republican form of the State shall not be subject to amendment.
Title IX Temporary and Miscellaneous Provisions
Article ۱۴۳ [۱۹۹۱ Constitution]
Until the institutions provided for in this Constitution are established٫ those
provided for by the Convention of ۳۱ Oct ۱۹۹۱ shall continue in effect٫ with
the exception of the provisions which follow.
Article ۱۴۴ [First Presidential Elections]
(۱) Presidential elections must take place not later than sixty days from the
date of the official proclamation by the High Court of Justice of the results
of the national referendum adopting this Constitution.
(۲) The elected President shall immediately exercise the duties devolving on
the President of the Republic by the terms of the Convention of ۳۱ Oct ۱۹۹۱ and
those provided for in this Constitution. Before taking office٫ he shall swear
the oath provided for in Article ۴۸ before the nation and the transitional High
Constitutional Court.
Article ۱۴۵ [First Legislative Elections٫ Transitional Offices]
(۱) Legislative elections must take place not later than two months after the
proclamation of the results of the Presidential elections.
(۲) The High Authority of the State and the Council on Economic Recovery shall
terminate their duties upon the election of the bureau of the National
Assembly.
(۳) Upon the appointment of the new Prime Minister٫ the transitional Prime
Minister shall present to the President of the Republic the resignation of the
Government; this Government shall continue to be responsible for current
business until the installation of the new Government.
(۴) The National Assembly shall exercise full legislative power until the
installation of the Senate.
Article ۱۴۶ [Transitional Courts]
Until the institutions of the Third Republic are installed٫ the present High
Constitutional Court and Supreme Court shall continue to exercise their duties
in conformity with the legislation in effect.
Article ۱۴۷ [Old Laws]
With the exception of future modifications٫ legislation in effect in the
Republic shall remain applicable in all provisions which do not conflict with
those of this Constitution.
Article ۱۴۸ [Transition to Local Entities]
(۱) Legislative provisions regarding territorial entities provided for in this
Constitution must be implemented not later than eighteen months from the date
of its promulgation. A commission will be createeed for this purpose.
(۲) Until the installation of the territorial entities provided for in this
Constitution٫ the Special Delegations and Local Security Committees will
continue to exercise their present duties.
Article ۱۴۹ [Date of Effect]
This law will take effect upon promulgation by the transitional Prime Minister
and will be published in the Official Journal of the Republic. It will be
execccuted as the Constitution of the Republic of Madagascar.