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Article 113
The National Council of Justice, is a consultative organ composed of the First
President of the Supreme Court, President, of the Procurator General of the
Supreme Court, of the Heads of Court, of the representatives of the executive
power, of the legislative power, of the High Constitutional Court, of the Superior
Council of the Magistrature, of the High Council for the Defense of the Democracy
and the State of Law, and of the auxiliaries of justice in general. As such, it may
propose to the Government measures of legislative or regulatory order relative to
the organization and to the functioning of the jurisdictions, to the status of the
Magistrates and the status of the auxiliaries of justice.
The law establishes the rules relative to the organization, to the functioning and to
the attributions of the National Council of Justice.
• Establishment of constitutional court
CHAPTER II: Of the High Constitutional Court
• Constitutional court selection
Article 114
• Constitutional court term limits
• Constitutional court term length
The High Constitutional Court is composed of nine members. Their mandate is of
seven (7) years non-renewable.
Three of the members are appointed by the President of the Republic, two are
elected by the National Assembly, two by the Senate, and two are elected by the
Supreme Council of the Magistrature.
The President of the High Constitutional Court is elected by and from among the
members of that Court.
This election as well as the appointment of the other members are declared by
decree of the President of the Republic.
• Eligibility for const court judges
Article 115
The functions of member of the High Constitutional Court are incompatible with
those of member of the Government, of the Parliament, with any elective public
mandate, any other paid professional activity, except for teaching activities, as well
as any activity within a political party or a trade-union.
• Constitutional court powers
• Constitutional interpretation
• Legal status of treaties
• Constitutionality of legislation
• Federal review of subnational legislation
• Constitutional interpretation
Madagascar 2010
Article 116
In addition to the issues that are directed to it by other Articles of the Constitution,
the High Constitutional Court, within the conditions established by an organic law:
1°. decides on the conformity with the Constitution of the treaties, of the laws,
of the ordinances, and of the autonomous regulations;
2°. rules on the conflicts of competence between two or more Institutions of
the State or between the State and one or more Decentralized Territorial
Collectivities or between two or more Decentralized Territorial
Collectivities;
3°. decides on the conformity with the Constitution and with the organic laws,
of the deliberations and of the regulatory acts adopted by the
Decentralized Territorial Collectivities;
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