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The organization and the procedure to follow before the High Court of Justice are
established by an organic law.
TITLE IV: OF THE INTERNATIONAL
TREATIES AND AGREEMENTS
• International law
• International organizations
• Treaty ratification
• Legal status of treaties
• Foreign affairs representative
Article 137
The President of the Republic negotiates and ratifies the treaties. He is informed of
any negotiations tending to the conclusion of an international agreement not
submitted to ratification.
The ratification or the approval of the treaties of alliance, of the treaties of
commerce, of the treaties or agreements relative to international organization, of
those that engage the finances of the State including foreign loans, and of those that
modify the provisions of a legislative nature, of those that are relative to the status
of persons, of the treaties of peace, and of those that include modifications of the
territory, must be authorized by the law.
Before any ratification, the treaties are submitted by the President of the Republic,
to the control of constitutionality of the High Constitutional Court. In the case of
non-conformity with the Constitution, there may not be ratification until after
revision of it.
The treaties or agreements regularly ratified or approved have, from their
publication, an authority superior to that of the laws, under reserve, for each
agreement or treaty, of its application by the other party.
• Referenda
• Treaty ratification
Any treaty of affiliation of Madagascar to an organization of regional integration
must be submitted to a popular consultation by way of referendum.
Article 138
The Prime Minister negotiates and signs the international agreements not submitted
to ratification.
TITLE V: OF THE TERRITORIAL
ORGANIZATION OF THE STATE
• Municipal government
• Subsidiary unit government
SUB-TITLE I: OF THE GENERAL PROVISIONS
Article 139
The Decentralized Territorial Collectivities, endowed with juridical personality and
with administrative and financial autonomy, constitute the institutional framework
for the effective participation of the citizens in the administration of public affairs
and guarantee the expression of their diversities and of their specificities.
They possess a patrimony including a public domain and a private domain that are
delimited by the law.
Madagascar 2010
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