Madagascar: Constitution of 2010

Reviewed April 2019

See also 2007 Constitution

CONSTITUTION The Constitution of Madagascar was adopted by referendum on the 17th of November 2010.[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 up to 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 151 seats elected from single member and two member constituencies by plurality[8]. The President may dissolve the National Assembly after informing the Prime Minister and after consulting with the President of Assemblies[9].
The Senate consists of 33 members 22 of whom are elected from each of the 22 regions, by councillors and the mayors and the other 11 members 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, Court of Cassation, Counsil of State, and the Court of Auditors[11]. The High Constitutional Court consists of nine members each serving a seven year term; three are appointed by the President acting in the Council of Ministers, two by the National Assembly, two by the Senate, and two by the Supreme 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 separately[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] This is the date that the Constitution was adopted by the 2010 Referendum.
[2] Constitution 2010, Article 1.
[3] Constitution 2010, Articles 45, 56.
[4] Constitution 2010, Articles 45.
[5] Constitution 2010, Article 45.
[6] Constitution 2010, Articles 54, 55, 65.
[7] Constitution 2010, Articles 68, 69.
[8]The Constitution (2010, Article 70) states that the number of seats and the manner of election be determined by a decree of the Council of Ministers; in the 2019 National Assembly election this was Décret No 2019-189.
[9] Constitution 2010, Articles 60.
[10] Constitution 2010, Article 80-82; 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 province 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 82).
[11] Constitution 2010, Article 121.
[12] Constitution 2010, Article 114.
[13] Constitution 2010, Article 162.
[14] Constitution 2010, Article 163.
[15] Constitution 2010, Article 163.
[16] Constitution 2010, Article 162.

References

CONSTITUTION 2010.

DÉCRET 2019-189 : fixant le nombre des membres de l'Assemblée Nationale, la répartition des sièges sur l'ensemble du territoire national ainsi que le découpage des circonscriptions électorales.