Judiciary

                                         Section I General Provisions

Article 97 [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 98 [Independence]
The judicial power shall be independent of the executive and legislative powers. The Administrative and Financial Constitutional Court and the Supreme Court shall assure this independence.

Article 99 [Personal Independence]
(1) Magistrates, judges, and assessors shall be independent in all their judicial activities and shall be answerable only to the Constitution and the law.

(2) 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 100 [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 101 [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 102 [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 103 [General Inspection of Justice]
(1) 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.

(2) This office shall be connected to the Supreme Court.

(3) 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.

(4) Rules regarding the organization, functions, and duties of the office of General Inspection of Justice shall be established.

Article 104 [National Council of Justice]
(1) 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 executive 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.

(2) 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 105 [Constitution]
(1) The Administrative and Financial Constitutional Court is a State institution consisting of:
  1. the Constitutional Court;
  2. the Council of State; and
  3. the Audit Office.
(2) The President of the Constitutional Court shall be the First President of the Administrative and Financial Constitutional Court.

Article 106 [Competences of the Constitutional Court]
(1) 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.

(2) It shall decide contested elections.

Article 107 [Constitution of the Constitutional Court]
(1) The Constitutional Court shall consist of nine members with a single six-year term.

(2) 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.

(3) The President of the Constitutional Court shall be elected by its members. This election shall be announced by the President of the Republic.

Article 108 [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 union membership.

Article 109 [Competences of the Constitutional Court]
(1) The Constitutional Court shall supervise referenda and the elections of the President of the Republic, Deputies, and Senators.
 
(2) It shall announce the results of said referenda and elections.

Article 110 [Regular Ruling on Constitutionality of Laws]
(1) Before promulgation, laws shall be submitted by the President of the Republic to the Constitutional Court for a ruling on their constitutionality.

(2) 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 111 [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 112 [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 113 [Ruling Pending Court Judgment]
In any jurisdiction, if one party raises an objection 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 114 [Council of State]
(1) 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.

(2) It may be consulted by public authorities for an opinion on:
  1. legislative or regulatory bills; and
  2. interpretation of legislation or regulatory provisions.
(3) When requested by public authorities, it may study bills and the organization and functioning of public services.

Article 115 [Audit Office]
(1) The Audit Office shall:
  1. examine the accounts of public accountants;
  2. supervise the implementation of appropriations laws and the budgets of entities and public bodies;
  3. supervise the accounts and management of public enterprises.
(2) It shall rule on appeals of judgments rendered by administrative bodies.

(3) It shall assist the Parliament and the Government in supervising the implementation of appropriations laws.

Article 116 [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 117 [Responsibilities]
The Supreme Court shall be the State institution responsible for:
  1. assuring the regular functioning of the judiciary;
  2. administering rules applicable to magistrates and to actions of judicial personnel;
  3. ruling on judicial appeals.
Article 118 [Constitution]
(1) 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.

(2) 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 119 [Organizational Law]
Rules regarding the organization, functioning, and duties of the Supreme Court shall be established by law.

Article 120 [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 121 [Responsibilities]
(1) 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.

(2) They may be judged by the High Court of Justice.

(3) They may be indicted by the National Assembly by secret ballot of the majority of its members.

Article 122 [Full Jurisdiction]
The High Court of Justice shall have full jurisdiction.

Article 123 [Constitution]
(1) The High Court of Justice shall consist of nine members, namely:
  1. the First President of the Supreme Court (as President);
  2. three Presidents of the Chambers of the Supreme Court;
  3. the First President of the Court of Appeals designated by the First President of the Supreme Court;
  4. two Deputies and two alternates elected by the National Assembly; and
  5. two Senators and two alternates elected by the Senate.
(2) 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.

(3) The Public Prosecutor's Office shall be represented by General Prosecutors of the Supreme Court assisted by one or several other prosecutors.

(4) 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 124 [Organizational Law]
The organization and procedure of the High Court of Justice shall be established by law.