The HCC must make a solemn declaration of a return to constitutional order "Sovereignty belongs to the people, the source of any power, who exercise it through their representatives elected by universal direct or indirect or by way of referendum. No fraction of the people, nor any individual may usurp the exercise of sovereignty. "
What is the role of the HCC? HCC members are constitutional judges. That is to say they consider the acts of the Republic according to their conformity with the Constitution and its spirit. Their decisions are based on the texts of the Constitution and respect for other laws.
"Article 112 - In addition to the matters referred to it by other sections of the Constitution, High Constitutional Court, under the conditions laid down by an organic law:
1 decides on the conformity with the Constitution of treaties, laws, ordinances, and regulations enacted by the autonomous Central power;
2 resolves conflicts of jurisdiction between two or more institutions of the state or between state and one or more local authorities;
3 statue on the litigation conduct of referendum, the election of the President of the Republic and elections of deputies and senators. "
Recent History : 1 - HCC has not ruled on the compatibility of the presidential order (following Article 112) concerning the transfer of presidential powers to a military entity that does not exist then it should have the do.
2 - HCC endorsed the transfer of such powers by the Executive Board member at the NDT, so that these two entities are nowhere mentioned in the texts of the Republic that are the Constitution and laws.
3 - HCC has publicly installed the head of the HAT in place of the President of the Republic with all its powers and has flown the corresponding marks, then that these are acts reserved for a president elected democratically by universal suffrage.
what should have been done HCC: 1 - HCC would rule on the ordinance promulgated by the President of the Republic and officially inform its extra-constitutional character therefore invalid. The consequence is that the President remains in fact at his post.
2 - After the departure of President of the Republic, the HCC should have seen the vacancy of the President of the Republic
Art. 52: In case of vacancy of the Presidency of the Republic by Following the resignation, death, permanent incapacity ... The vacancy is confirmed by the High Constitutional Court.
3 - After finding, the HCC would apply the texts of the constitution according to which, in case of vacancy of the President of the Republic, the president of the senate who temporarily occupies the office of President of the Republic.
Art. 52: .... as Head of State shall be performed temporarily, until the inauguration of President-elect or until the lifting of the temporary incapacity, the Chairman of the Senate ...
Conclusion: The HCC has committed an abuse of power: the HAT is not credible.
None of the acts in this process of empowerment is consistent with the Constitution. The HCC has not acted in accordance with its mandate and responsibilities and has committed an ABUSE OF POWER.
She has not played its role as guarantor of the observance of constitutional laws.
HCC members are not elected. They have no right to represent the people's choices.
Thus, the HCC does not have the right to designate a person of his choice to represent and lead the people of Madagascar.
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Article 6 - The sovereignty belongs to the people, the source of all power and is exercised by representatives elected by universal direct or indirect or by way of referendum. No fraction of the people, nor any individual may usurp the exercise of sovereignty. "
What must the HCC: In a solemn declaration, return to compliance and application of the texts of the Constitution. Indeed following the flagrant violation of the Constitution, the decisions and the structure of the HCC fell.
Otherwise, the HCC is, in fact, striped as an institution of the republic, the Constitution itself, no longer applied.
CR
