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• Emergency provisions
• Constitutional court powers
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Article 61
When the Institutions of the Republic, the independence of the Nation, its unity or
the integrity of its territory are menaced and the regular functioning of the public
powers finds itself compromised, the President of the Republic may proclaim on all
or on part of the national territory, the situation of exception, to wit the state of
urgency, the state of necessity or martial law. The decision is made by the President
of the Republic in the Council of Ministers, after the opinion of the Presidents of the
National Assembly, of the Senate and of the High Constitutional Court.
The proclamation of the situation of exception confers on the President of the
Republic special powers of which the extent and the duration are established by an
organic law.
• Head of state decree power
• Head of government powers
From the proclamation of one of the situations of exception aforesaid, the President
of the Republic can legislate by way of ordinance on the matters that arise within the
domain of the law.
Article 62
The acts of the President of the Republic, apart from the cases specified in Articles
54 paragraphs 1 and 2, 58 paragraphs 1 and 2, 59, 81, 60, 94 100, 114, 117 and 119,
are countersigned by the Prime Minister and, the case arising, by the concerned
Ministers.
CHAPTER II: Of the Government
• Cabinet removal
• Establishment of cabinet/ministers
• Powers of cabinet
• Name/structure of executive(s)
Article 63
The Government is composed of the Prime Minister and of the Ministers.
It implements the general policy of the State.
It is responsible before the National Assembly within the conditions specified in
Articles 100 and 103 below.
The Government has the Administration at its disposal.
• Eligibility for cabinet
• Head of government's role in the
legislature
Article 64
The functions of member of the Government are incompatible with the exercise of
any elective public mandate, of any function of professional representation, of the
exercise of any function within religious institutions, of any public employment or of
any other paid professional activity.
Any member of the Government, who is a candidate to an elective mandate, must
resign from their functions once their candidature has been declared receivable.
• Head of government powers
Article 65
The Prime Minister, Head of Government:
1°. conducts the general policy of the State;
Madagascar 2010
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