Madagascar: Constitution

Updated October 2007

CONSTITUTION	The Constitution of Madagascar came into force on 19 August 1992. Amended: September 1995, 8 April 1998, 4 April 2007[1].
FORM OF STATE	Republic [2].
HEAD OF STATE	The President of the Republic is the Head of State and the Commander in Chief of the armed forces[3]. The President is directly elected by an absolute majority in a secret, universal, adult ballot[4]. The president is eligible for election for two five year terms[5].
EXECUTIVE	Prime Minister is head of government and is appointed by President; must resign if motion of censure is passed by a majority of National Assembly. The President presides over the Council of Ministers; the president may dismiss the ministers[6].
LEGISLATURE	Madagascar has a bicameral parliament consisting of a National Assembly and a Senate, each with a term of five years[7]. The National Assembly has 127 seats elected from single member and two member constituencies by plurality[8]. The President may dissolve the National Assembly at will[9]. The Senate currently consists of 90 members, 10 are elected from each of the six provinces by proportional representation, by an electoral college consisting of provincial councillors (elected by direct universal suffrage) and the mayors; in future they will be elected by the 22 regions that replace the provinces which have been abolished. The remaining thirty, representing economic, social, cultural, and religious groups, are appointed by the President on the basis of specialist judicial, economic, social or cultural competencies[10]
JUDICIARY	The judiciary consists of the Administrative and Financial Constitutional Court, the Supreme Court, Courts of Appeal, Tribunals, and the High Court of Justice[11]. The High Constitutional Court consists of nine members each serving a single six-year term; three are appointed by the President acting in the Council of Ministers, two by the National Assembly, one by the Senate, and three by the High Council of Magistrates[12].
AMENDMENTS	Amendments may be proposed by the President acting in the Council of Ministers or by Parliament with an absolute majority of both houses sitting seperately[13]. The Republican form of the State and its territorial integrity cannot be amended[14]. Amendments require a three-fourths majority in the National Assembly and the Senate[15]. The president and the Council of Ministers may decide whether the matter should be ratified by a referendum; if this is the case the approval of an absolute majority of voters is required[16].

Table notes

[1] Instituts für Öffentliches Recht 2004, Senate of France Undated.
[2] Constitution 1992, Article 1.
[3] Constitution 1992, Articles 44, 55.
[4] Constitution 1992, Articles 45, 47.
[5] Constitution 1992, Article 45.
[6] Constitution 1992, Articles 53, 54, 64, 94, 97.
[7] Constitution 1992, Articles 67, 77.
[8]The Constitution (1992, Article 69) states that the number of seats and the manner of election be determined by a decree of the Council of Ministers; in the 2007 National Assembly election this was Decret No 2007-721.
[9] Constitution 1992, Articles 59, 95.
[10] Constitution 1992, Article 77-79; the Constitution does not specify the number and exact composition of the Senate, but lays down that it will be composed of an equal number of elected members from each region and members nominated to include specialist judicial, economic, social or cultural competencies. The composition and modalities of election are left to an organic law (Article 79).
[11] Constitution 1992, Article 107.
[12] Constitution 1992, Article 110.
[13] Constitution 1992, Article 152.
[14] Constitution 1992, Article 152.
[15] Constitution 1992, Articles 153.
[16] Constitution 1992, Article 154.

References

CONSTITUTION 1992, IN International Constitutional Law [Note: This does not include the amendments made in 2007], [www] http://www.oefre.unibe.ch/law/icl/ma00000_.html [opens new window] (accessed 24 Oct 2007); LA CONSTITUTION 1992, [www] http://www.primature.gov.mg/webfiles/ Projet-Rev-Constitution.pdf [PDF document. opens new window] (accessed 24 Oct 2007).

DECRET 2007-721, Gazetim-Panjakan' Ny Repoblikan' I Madagasikara 123(3120) 2 Aogoitra 2007, 4232-4233.

INSTITUTS FÜR ÖFFENTLICHES RECHT 2004 "Madagascar Index" IN International Constitutional Law, [www] http://www.oefre.unibe.ch/law/icl/ma__indx.html [opens new window] (accessed 24 Oct 2007)

SENATE OF FRANCE UNDATED "The Senate of Madagascar", IN Sénats du Monde, [www] http://senat.fr/senatsdumonde/english/madagascar2.html [opens new window] (accessed 24 Oct 2007).