The Constitution en Afrique blog has provided a link to the draft constitution for Madagascar.
This is the proposed constitution for Fourth Republic of Madagascar. It is a document that has been drawn up under the regime of Andry Rajoelina who seized power in 2009. While the legitimacy of the process is open to contestation, the document itself is fairly uncontroversial, at least in as far as the aspects related to this blog are concerned. The text of the proposed draft is available here.
As expected, the constitution will be firmly semi-presidential. The president will be directly elected for a five-year once renewable term. The government is responsible to the National Assembly either by way of a vote of confidence or no-confidence. The text clearly states that if the government loses either vote, then it must resign.
Generally, the constitution creates a fairly balanced version of semi-presidentalism. The president is a major actor, but the government has independent powers. Indeed, it looks rather much more like the original text of the constitution of 1992 in this regard and less like the text that was revised in 1998.
So, with a premier-presidential form of semi-presidentialism and a system of checks and balances generally, at least this element of the transition process looks positive.
Since the above post, La Constitution en Afrique has posted a copy of the hastily rewritten government version of the constitution. This version, which is available in French here, gives greater powers to the president, including a somewhat circumscribed power to dismiss the PM. The government’s version will be the one that is put to a referendum on 17 November.
Thanks to La Constitution en Afrique for the great work.