Roadmap or constitution?
The signing of the Roadmap is scheduled for next week. The question that arises is whether it will have a value below or supra-constitutional.
Conflict. The Constitution of the Fourth Republic legitimized by direct universal suffrage because it was adopted by referendum came into force December 11, 2010, the day of its promulgation in style. In short, it's been two and a half months that the new basic law governing the institutional mechanism, although that one is still or always (it depends) in transition. The Constitution in question comprises the rest of the transitional provisions, like the entire text, are not always consistent with the Roadmap. The latter includes, for example in the 25th commitment that "any conflict in the interpretation of this roadmap will be submitted to arbitration by the SADC Mediation."
procedure. Does this mean that the High Constitutional Court has not its "evils" to say in case of conflict of jurisdiction between the transitional institutions. Particularly between the two heads of the executive authority or a more conventional manner, between the Executive and Legislative branches. Moreover, it Perhaps to avoid such a conflict could become an institutional crisis in the political crisis as the 24th commitment to the Roadmap states that "no procedure incapacity or removal of the President of the Transition, and no-confidence motion in the location of the Transitional Government nor any action for dissolution of the Parliament of the Transition can be exercised, during the transition. "
Beacon. In short, the transitional institutions operate without Constitutional tag. The 24th commitment to the roadmap even stipulate that "the present commitments supersede all prior commitments or signed on transition in Madagascar. " The agreements signed in Maputo, Addis Ababa, and Ivato Vontovorona then become obsolete. But it has to ask (the HCC and / or CDIC) the new Basic Law will also be suspended during the transition. Faced with the Roadmap, the Constitution of the Fourth Republic is she the road ...?
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