constituteproject.org • Emergency provisions • Constitutional court powers PDF generated: 23 May 2016, 16:14 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 Page 16