constituteproject.org
PDF generated: 23 May 2016, 16:14
4°. decides on the disputes of the operations of referendum, of the election of
the President of the Republic and of the elections of the Deputies and
Senators;
5°. proclaims the official result of the presidential and legislative elections and
of the consultations by referendum.
• Constitutional interpretation
• Organic laws
• Constitutionality of legislation
Article 117
Before their promulgation, the organic laws, the laws and the ordinances are
obligatorily submitted by the President of the Republic to the High Constitutional
Court which decides on their conformity with the Constitution.
A provision judged unconstitutional may not be promulgated. In this case, the
President of the Republic may decide, either to promulgate the other provisions of
the law or of the ordinance, or to submit the entire text to a new deliberation of the
Parliament or of the Council of Ministers according to the case, or not to proceed
with the promulgation.
In the cases specified above, the referral of the High Constitutional Court to the
matter suspends the time period for the promulgation of the laws.
The internal regulations of each Assembly are submitted to the control of
constitutionality prior to their application. A provision judged unconstitutional may
not be applied.
• Constitutionality of legislation
Article 118
A Head of an Institution or one-quarter of the members composing one of the
Parliamentary Assemblies or the organs of the Decentralized Territorial
Collectivities or the High Council for the Defense of Democracy and of the State of
Law may refer to the Constitutional Court, for control of constitutionality, any text
with legislative or regulatory value as well as all matters falling into its competence.
If, before a jurisdiction, a party raises an exception of unconstitutionality, that
jurisdiction postpones its decision and refers the matter to the High Constitutional
Court which decides within the time period of one month.
In the same way, if before a jurisdiction, a party maintains that a provision of a
legislative or regulatory text infringes their fundamental rights recognized by the
Constitution, that jurisdiction postpones its decision within the same conditions as in
the previous paragraph.
A provision declared unconstitutional ceases of plain right to be in force.
The decision of the High Constitutional Court is published in the Journal Officiel.
Article 119
The High Constitutional Court can be consulted by any Head of an Institution and
any organ of the Decentralized Territorial Collectivities to give its opinion on the
constitutionality of any bill of act or on the interpretation of a provision of this
Constitution.
Article 120
In the matter of electoral dispute and of direct popular consultation, the High
Constitutional Court renders orders.
Madagascar 2010
Page 32