Constitutional Background

The ICL edition does not yet include the amendments of Sep 1995 extending presidential powers. Those amendments give the President rather than the Parliament the right to appoint a Prime Minister. The amendments were the result of a conflict between President Zafy and Prime Minister Ravony. The President can now select the Prime Minister from a group of three candidates presented by the parliament.

The new Constitution was drafted by the multiparty conference National Front and received a 70 percent approval in the referendum on 19 Aug 1992. Madagascar's Constitution is special in explicitly protecting health "starting from conception" (Art. 19). It also connects the right to inheritance with its concept of a family rather than with that of property (Art. 20). Article 23 grants a right to professional training and has a special guarantee for the security of capital and investment (Art. 39). Also, the Fokonolona are granted special rights (Art. 35).

The state structure has a special provision against corruption (Art. 43). Legislative proceedings give priority to Governmental Bills (Art. 85). There are also extraordinary restrictions of Parliament (Art. 95, 96). A judicial specialty is the regular ruling on the constitutionality laws, ordinances, and internal regulations (Art. 110, 111) as well as the advisory opinion on the constitutionality of administrative decrees (Art. 112). Also, there is a time limit of only one month for the delay of court judgments by rulings on the constitutionality of acts (Art. 113).

Madagaskar's institutions are in a state of disarray with the civil service being underpaid and inefficient and a disfunctional judicial system. 75% of the people live in poverty.

History and News

  • 9 Feb 1997: Didier Ratsiraka wins presidential elections against Albert Zafy.
  • Sep 1995: Amendment by referendum extended presidential powers of current (1995) President Albert Zafy which will probably be used to appoint Richard Adriamanjato Prime Minister.
  • 1993: Albert Zafy wins presidential elections against Didier Ratsiraka.

For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - 11.2.2022 / For corrections please contact A. Tschentscher.