Constitution of Madagascar
Encyclopedia
The constitution
of Madagascar
was adopted on 19 August 1992 after the first free election
s in 17 years of single party rule.
On November 22, 2010, the electoral commission of Madagascar announced that a new constitution had been endorsed in a referendum
by 74 percent of voters. It put voter turnout for the poll at 53 percent. One substantive change made by the new constitution was to lower the minimum age for presidential candidates from 40 to 35. This made Andry Rajoelina
, who is 36 and is the President of the country's High Transitional Authority
, eligible to stand in presidential elections.
was approved by more than 75 percent of those voting in a popular referendum
(the constitution
took effect on September 12). On this date, the people overwhelmingly approved a new constitution consisting of 149 articles that provided for the separation of powers
among the executive
, legislative
, and judicial branches of government; the creation of a multiparty political system
; and the protection of individual human rights
and freedom of speech
.
and a prime minister
from the parliament who is nominated by his/her peers but who must be approved by the president. If the nominee for prime minister does not achieve an absolute majority of support within the parliament
, the president may choose a candidate from the parliament who will serve for one year. As captured in the Malagasy concept ray aman-dreny (father and mother of the nation), enshrined in Article 44 of the constitution, the president serves as the symbol of national unity. The president also is the recognized decision maker in foreign policy
and is the single most powerful person within the country. All presidential decrees must be countersigned, however, and the president is bound by the constitutional reality that the prime minister is responsible for the functioning of the government.
The president is elected for a five-year period and is limited to two terms in office. In the event that no candidate wins a simple majority of the popular vote, a run-off election is held between the two leading candidates within a period of two months. The most important unwritten law regarding the executive branch revolves around the côtier/central highlands distinction. If a côtier is elected president, it is understood that a Merina
will fill the position of prime minister, and vice versa.
The constitution provides for a bicameral parliament composed of a Senate
and a National Assembly
(Assembleé Nationale
). The Senate represents territorial groups and serves as the consultative chamber on social and economic issues. Two-thirds of its members are chosen by an Electoral College and the remaining one-third are chosen by the president. The National Assembly consists of 138 deputies elected by universal suffrage using a proportional representation
list-system. Both senators and deputies serve for four years. The parliament as a whole operates with a variety of classic parliamentary measures, such as the possibility of a vote of no confidence, that enable it to serve as a check on the power of the executive.
A new system of local governance under the constitution is known as the Decentralized Territorial Authorities (Collectivités Territoriales Décentralisées).
A strong, independent judiciary
is also enshrined in the 1992 constitution. An eleven-member supreme court
serves as the highest arbiter of the laws of the land. Other judicial bodies include the Administrative and Financial Constitutional Court, the Appeals Courts, tribunals and the High Court of Justice. The creation of this complex system indicates the desire of the framers of the constitution for a society built upon the rule of law
. Indeed, the constitution explicitly outlines the fundamental rights of individual citizens and groups (most notably freedom of speech) and guarantees the existence of an independent press free from government control or censorship.
The creation of a truly free and fair multiparty system is the centerpiece of the new constitutional order.
The electoral system
is designed to promote and facilitate widespread popular participation. In fact, it is argued that the proportional representation list-system (including the rule of the largest remainder) for electing deputies actually encourages large numbers of candidates to take part. All resident citizens eighteen years of age or older can vote in elections, but candidates must be at least twenty-one years of age to stand as candidates. Electoral registers are usually revised during a two-month period beginning in December, and the country is divided into sixty-eight constituencies for electoral purposes.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of Madagascar
Madagascar
The Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...
was adopted on 19 August 1992 after the first free election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s in 17 years of single party rule.
On November 22, 2010, the electoral commission of Madagascar announced that a new constitution had been endorsed in a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
by 74 percent of voters. It put voter turnout for the poll at 53 percent. One substantive change made by the new constitution was to lower the minimum age for presidential candidates from 40 to 35. This made Andry Rajoelina
Andry Rajoelina
Andry Nirina Rajoelina , born May 30 1974, is the former mayor of Antananarivo who became transitional head of state of Madagascar on March 21, 2009 after the 2009 Malagasy political crisis....
, who is 36 and is the President of the country's High Transitional Authority
High Transitional Authority
The High Transitional Authority is a provisional executive body that came to power in Madagascar following the coup that forced Marc Ravalomanana to leave the country on March 17, 2009 as a result of the 2009 Malagasy protests...
, eligible to stand in presidential elections.
Referendum of August 19, 1992
The Third Republic received its first expression of popular support and legitimacy on August 19, 1992, when the constitutional framework constructed by the National ConferenceNational Conference
National Conference may refer to:In India:*Jammu & Kashmir National Conference, the largest political party in Jammu and Kashmir, India.*Manipur National Conference, a political party in the Indian state of Manipur that was formed in 2002....
was approved by more than 75 percent of those voting in a popular referendum
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
(the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
took effect on September 12). On this date, the people overwhelmingly approved a new constitution consisting of 149 articles that provided for the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
among the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and judicial branches of government; the creation of a multiparty political system
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
; and the protection of individual human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
.
Structure of government
The power of the executive branch is divided between a president who is elected by universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
and a prime minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
from the parliament who is nominated by his/her peers but who must be approved by the president. If the nominee for prime minister does not achieve an absolute majority of support within the parliament
Parliament of Madagascar
The Parliament of Madagascar has two chambers.*the National Assembly has 160 members, elected for a four year term in single-member and two-member constituencies...
, the president may choose a candidate from the parliament who will serve for one year. As captured in the Malagasy concept ray aman-dreny (father and mother of the nation), enshrined in Article 44 of the constitution, the president serves as the symbol of national unity. The president also is the recognized decision maker in foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...
and is the single most powerful person within the country. All presidential decrees must be countersigned, however, and the president is bound by the constitutional reality that the prime minister is responsible for the functioning of the government.
The president is elected for a five-year period and is limited to two terms in office. In the event that no candidate wins a simple majority of the popular vote, a run-off election is held between the two leading candidates within a period of two months. The most important unwritten law regarding the executive branch revolves around the côtier/central highlands distinction. If a côtier is elected president, it is understood that a Merina
Merina
The Merina are an ethnic group from Madagascar. The Merina are concentrated in the Highlands and speak the official dialect of the Malagasy language, which is a branch of the Malayo-Polynesian language group derived from the Barito languages, spoken in southern Borneo. Their ancestors, the...
will fill the position of prime minister, and vice versa.
The constitution provides for a bicameral parliament composed of a Senate
Senate of Madagascar
The Senate of Madagascar is the upper chamber of the bicameral Parliament of Madagascar. The Senate has 33 members: 22 are indirectly elected, one from each of the 22 regions of Madagascar, and 11 are appointed by the President....
and a National Assembly
National Assembly of Madagascar
The Parliament has two chambers. The lower house is the National Assembly .The Assembly has 160 members, elected for a four year term in single-member and two-member constituencies...
(Assembleé Nationale
Politics of Madagascar
Politics of Madagascar takes place in a framework of a semi-presidential representative democratic republic, whereby the President of Madagascar is head of state and the Prime Minister of Madagascar is head of government, and of a pluriform multi-party system. Executive power is exercised by the...
). The Senate represents territorial groups and serves as the consultative chamber on social and economic issues. Two-thirds of its members are chosen by an Electoral College and the remaining one-third are chosen by the president. The National Assembly consists of 138 deputies elected by universal suffrage using a proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
list-system. Both senators and deputies serve for four years. The parliament as a whole operates with a variety of classic parliamentary measures, such as the possibility of a vote of no confidence, that enable it to serve as a check on the power of the executive.
A new system of local governance under the constitution is known as the Decentralized Territorial Authorities (Collectivités Territoriales Décentralisées).
A strong, independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
is also enshrined in the 1992 constitution. An eleven-member supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
serves as the highest arbiter of the laws of the land. Other judicial bodies include the Administrative and Financial Constitutional Court, the Appeals Courts, tribunals and the High Court of Justice. The creation of this complex system indicates the desire of the framers of the constitution for a society built upon the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
. Indeed, the constitution explicitly outlines the fundamental rights of individual citizens and groups (most notably freedom of speech) and guarantees the existence of an independent press free from government control or censorship.
The creation of a truly free and fair multiparty system is the centerpiece of the new constitutional order.
The electoral system
Voting system
A voting system or electoral system is a method by which voters make a choice between options, often in an election or on a policy referendum....
is designed to promote and facilitate widespread popular participation. In fact, it is argued that the proportional representation list-system (including the rule of the largest remainder) for electing deputies actually encourages large numbers of candidates to take part. All resident citizens eighteen years of age or older can vote in elections, but candidates must be at least twenty-one years of age to stand as candidates. Electoral registers are usually revised during a two-month period beginning in December, and the country is divided into sixty-eight constituencies for electoral purposes.