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• Judicial independence
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Article 108
In their jurisdictional activities, the presiding Magistrates, the judges and assessors
are independent and they are only submitted to the Constitution and the law.
As such, except for the cases specified by the law and under reserve of the
disciplinary power, they may not in any matter, be interfered with in the exercise of
their functions.
• Establishment of judicial council
• Supreme/ordinary court judge removal
Article 109
The presiding Magistrates are irremovable; they occupy the positions of which they
are titular members by virtue of their grade; they may not receive without their
consent, any new assignment, except necessity of service duly declared by the
Superior Council of the Magistrature.
Article 110
The Magistrates of the public ministry are submitted to the hierarchical
subordination; nevertheless, in their oral pleadings or claims, they act according to
their own conviction and in accordance with the law. They are provided with the
judicial police of which they can control the activities and the functioning.
The fact of their enjoining to accomplish acts that are manifestly contrary to the law,
results in, concerning these solicitors, the sanctions specified by the law.
Article 111
The exercise of the functions of Magistrate is incompatible with any activity within a
political party and the Government, the exercise of any elective public mandate or of
any other paid professional activity, with the exception of teaching activities.
Any Magistrate in office is submitted to the obligation of political neutrality.
Any Magistrate exercising an elective public mandate is placed, of office, in a position
of detachment from office.
Article 112
The General Inspection of Justice, composed of representatives of the Parliament, of
representatives of the government, of representatives of the High Council for the
Defense of the Democracy and the State of Law, and of the representatives of the
Magistrature, is in charge of controlling the respect for the ethical rules particular to
the Magistrates, as well as the actions of the personnel of justice.
It is attached to the Presidency of the Republic.
The President of the Republic, the Parliament, the Government, the Heads of Court,
the legally constituted associations and any person justifying an interest can refer
matters to the General Inspection of Justice.
The law establishes the rules relative to the organization, the functioning and the
attributions of the General Inspection of Justice.
Madagascar 2010
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