Legal System of Madagascar

Madagascar is located in Africa. It is geographically situated in southern africa, island in the indian ocean, east of mozambique. The country achieved independence on 26 june 1960 (from france). The capital is Antananarivo.

Government Overview

Government Type: semi-presidential republic Chief of State: Michael RANDRIANIRINA (Col.) Head of Government: Prime Minister Herintsalama RAJAONARIVELO (since 22 October 2025) Cabinet: Council of Ministers appointed by the prime minister Administrative Divisions: 6 provinces (faritany); Antananarivo, Antsiranana, Fianarantsoa, Mahajanga, Toamasina, Toliara National Holiday: Independence Day, 26 June (1960) Suffrage: 18 years of age; universal

Legal System

The legal system of Madagascar is described as civil law system based on the old French civil code and customary law in matters of marriage, family, and obligation International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: previous 1992; latest passed by referendum 17 November 2010, promulgated 11 December 2010 Amendment Process: proposed by the president of the republic in consultation with the cabinet or supported by a least two thirds of both the Senate and National Assembly membership; passage requires at least three-fourths approval of both the Senate and National Assembly and approval in a referendum; constitutional articles, including the form and powers of government, the sovereignty of the state, and the autonomy of Madagascar’s collectivities, cannot be amended

Judicial Branch

Highest Court(s): Supreme Court or Cour Suprême (consists of 11 members; addresses judicial administration issues only); High Constitutional Court or Haute Cour Constitutionnelle (consists of 9 members); High Court of Justice (consists of 11 members; addresses cases brought against the president of Madagascar and senior officials for high treason, grave violations of the Constitution, or breach of duties incompatible with the exercise of the presidential mandate) Judge Selection: Supreme Court heads elected by the president and judiciary officials to serve 3-year, single renewable terms; High Constitutional Court members appointed - 3 each by the president, by both legislative bodies, and by the Council of Magistrates; members serve single, 7-year terms; High Court of Justice members include: first president of the Supreme Court; 2 presidents from the Court of Cassation; 2 presidents from the Court of Appeal; 2 deputies  from the National Assembly; 2 senators from the Senate; 2 members from the High Council for the Defense of Democracy and the State of law Subordinate Courts: Courts of Appeal; Court of Cassation; Courts of First Instance; military courts; traditional courts (dina); Trade Court

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: National Assembly (Antenimierampirenena) (163 (all directly elected) seats) Electoral System (Lower Chamber): mixed system Upper Chamber: Senate (Antenimierandoholona)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: the father must be a citizen of Madagascar; in the case of a child born out of wedlock, the mother must be a citizen Suffrage: 18 years of age; universal

Historical Background

Madagascar was one of the last major habitable landmasses on earth to be settled by humans. While there is some evidence of human presence on the island in the millennia B.C., large-scale settlement began between A.D. 350 and 550 with settlers from present-day Indonesia. The island attracted Arab and Persian traders as early as the 7th century, and migrants from Africa arrived around A.D. 1000.

This article provides a summary of the legal system and governmental structure of Madagascar based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.