Madagascar’s Constitution of 2010

Judicial Independence

 
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.
 

Judicial Council and Parallel Institution

 
Article 107. The President of the Republic is guarantor of the independence of justice. To this end, he is assisted by a Superior Council of the Magistrature of which he is the President. The Minister in charge of Justice is Vice President of it. The Superior Council of the Magistrature, organ of safeguarding, of administration of career and of sanction of the Magistrates, is responsible for: •seeing to, notably, the respect for the law and the provisions of the Statute of the Magistrature; •controlling the respect for the ethical rules by the Magistrates; •presenting recommendations on the administration of Justice, notably in that which concerns the measures of legislative or regulatory order relative to the jurisdictions and to the Magistrates.The members of the Government, the Parliament, the High Council for the Defense of the Democracy and the State of Law, the Heads of Court as well as the associations legally constituted may refer matters to the Superior Council of the Magistrature. An organic law establishes the rules relative to the organization, the functioning and the attributions of the Council.
 

Attorney General Office

 
Article 122. The First President and the Procurator General of the Supreme Court are the heads of this high jurisdiction. They are respectively appointed by decree taken in the Council of Ministers in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest within the highest degree of the Magistrates respectively of the judicial, administrative and financial orders. Article 130. The First President, and the Procurator General of the Courts of Appeal are appointed in the Council of Ministers by decree of the President of the Republic in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest within the highest grade of the Magistrates respectively of the judicial, administrative and financial orders.