Interpretation of Statutes at Madagascar
Interpretation of Statutes in Madagascar – Overview
Madagascar follows a civil law system heavily influenced by French legal tradition, as well as customary law. The interpretation of statutes is guided by the Constitution of Madagascar, codified laws, and judicial decisions, with an emphasis on legislative intent, the text’s meaning, and social context.
Legal Framework for Interpretation
Constitution of Madagascar (2010)
The supreme law of the country.
All laws and statutes must conform to constitutional provisions, including protection of fundamental rights.
Civil Code and Other Codes
Derived largely from the French Civil Code.
Includes the Criminal Code, Commercial Code, and other sectoral laws.
These codes contain rules on the interpretation of laws.
Law on Legislation and Normative Acts
Governs the creation and interpretation of statutory instruments and regulations.
Judicial System
The Supreme Court (Cour Suprême) is the highest judicial authority.
Courts interpret statutes following civil law principles.
Principles of Statutory Interpretation
1. Literal (Textual) Interpretation
Courts give effect to the ordinary and grammatical meaning of the statutory text.
Clear and unambiguous statutes are applied as written.
2. Systematic Interpretation
Laws are interpreted in harmony with other legal provisions to maintain coherence.
3. Teleological (Purposive) Interpretation
Where wording is unclear or leads to absurdity, courts seek the legislative intent and social purpose of the law.
Focus on promoting justice and public interest.
4. Historical Interpretation
Reference to legislative history and preparatory documents may be used to clarify ambiguous provisions.
5. Constitutional Consistency
Interpretation must respect the Constitution and fundamental rights.
Any statute inconsistent with the Constitution may be invalidated.
Role of Courts and Precedents
Madagascar follows civil law traditions where judicial decisions do not create binding precedents.
However, decisions of the Supreme Court guide lower courts and contribute to uniform interpretation.
Influence of Customary Law and International Law
Customary law is recognized and may influence statutory interpretation, especially in local matters.
International treaties ratified by Madagascar also inform interpretation, especially in human rights and trade law.
Summary
Statutory interpretation in Madagascar is:
Rooted in French civil law principles
Emphasizes literal, purposive, systematic, and historical approaches
Ensures conformity with the Constitution
Influenced by customary law and international treaties
Guided by Supreme Court rulings though without strict precedent
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