Concours d'entrée — Faculté de Droit (Université d'Antananarivo)

Which historic event established the Fourth Republic of Madagascar and brought into force its current Constitution?

• AThe constitutional referendum of November 17, 2010
• BThe signature of the Maputo Agreements in August 2009
• CThe national constitutional convention of March 1992
• DThe popular referendum on the socialist charter in December 1975

Under Article 45 of the 2010 Constitution of Madagascar, what is the term length and method of election for the President of the Republic?

• AElected by direct universal suffrage for a mandate of five years
• BElected by an electoral college of parliamentarians for seven years
• CAppointed by the High Constitutional Court for a non-renewable six-year term
• DElected by the National Assembly and the Senate meeting in Congress for four years

According to Article 54 of the Malagasy Constitution, how is the Prime Minister of Madagascar appointed?

• AAppointed by the President of the Republic upon nomination by the majority party or coali…
• BElected directly by registered voters in a separate national election alongside the Presi…
• CChosen exclusively by the Senate from among senior civil administrators
• DDesignated automatically by the High Constitutional Court based on seniority

What is the structural composition of the Parliament of Madagascar under the 2010 Constitution?

• AA bicameral parliament consisting of the National Assembly and the Senate
• BA unicameral parliament consisting solely of the People's National Assembly
• CA tricameral system consisting of the Assembly, the Senate, and the Economic Council
• DA non-parliamentary legislative directorate managed by the Council of Ministers

Under Article 81 of the Constitution and subsequent organic legislation, how are members of the Malagasy Senate selected?

• ATwo-thirds are elected by indirect universal suffrage from decentralized collectivities,…
• BAll senators are elected directly by universal popular suffrage in single-member districts
• CHalf are elected by provincial assemblies and half are nominated by the Supreme Court
• DAll senators are ex-officio traditional dignitaries appointed by communal councils

How many members compose the High Constitutional Court (Haute Cour Constitutionnelle - HCC) of Madagascar, and what is their term of office?

• A9 members serving a single non-renewable term of 7 years
• B7 members serving renewable terms of 5 years
• C12 members serving for life during good behaviour
• D15 members elected every 4 years by the bar association

Which appointing authorities designate the 9 members of Madagascar's High Constitutional Court (HCC)?

• A3 by the President, 2 by the National Assembly, 2 by the Senate, and 2 by the Superior Co…
• BAll 9 by the Prime Minister with the consent of the National Assembly
• C3 by the Minister of Justice, 3 by the Bar Association, and 3 by the Faculty of Law
• D4 by the National Assembly, 4 by the Senate, and 1 by the Supreme Court

Which category of legislative enactments must systematically undergo mandatory prior review by the High Constitutional Court before promulgation?

• AOrganic laws (lois organiques) and the internal rules of parliamentary assemblies
• BAnnual decree-laws and ministerial orders relating to taxation
• CAll municipal municipal police bylaws and communal decrees
• DOnly international treaties dealing with commercial tariffs

What happens when a litigant raises an exception of unconstitutionality (exception d'inconstitutionnalité) before an ordinary trial court in Madagascar?

• AThe court must stay proceedings and refer the question to the High Constitutional Court,…
• BThe trial judge decides immediately whether to strike down the statute nationwide
• CThe litigant is fined for contempt of court and the objection is dismissed without record
• DThe trial proceeding continues normally and the constitutional claim can only be raised a…

What is the jurisdiction of the High Court of Justice (Haute Cour de Justice - HCJ) under the Malagasy Constitution?

• ATo judge the President of the Republic, Prime Minister, ministers, and heads of constitut…
• BTo hear maritime piracy cases occurring in the Mozambique Channel
• CTo audit commercial bank transactions and regulate public procurement
• DTo handle traffic contraventions and land boundary disputes in rural districts

Under what constitutional conditions may the President of the Republic dissolve the National Assembly?

• AIn the Council of Ministers, after consulting the Prime Minister and the Presidents of th…
• BSolely upon receiving unanimous written consent from the High Constitutional Court
• CAt any time without consulting any government or parliamentary authority
• DOnly during the final sixty days of a presidential mandate

How can the National Assembly force the collective resignation of the Malagasy Government under Article 103 of the Constitution?

• ABy adopting a motion of censure voted by an absolute majority of its members
• BBy sending a collective petition signed by ten percent of electors to the Supreme Court
• CBy requesting an executive decree from the President of the Senate
• DBy refusing to convene for two consecutive ordinary sessions

What is the constitutional timeframe within which the President of the Republic must promulgate a law adopted by Parliament, and what recourse is available?

• AWithin three weeks of transmission; the President may request a second deliberation, whic…
• BWithin forty-eight hours; the President must promulgate without any right to seek reconsi…
• CWithin six months; the President may unilaterally veto and permanently annul the bill
• DWithin ninety days; the President can refer the text to a municipal council for amendment

What is the official national motto of the Republic of Madagascar enshrined in Article 4 of the 2010 Constitution?

• AFitiavana, Tanindrazana, Fandrosoana (Amour, Patrie, Progrès)
• BTanindrazana, Tolom-piavotana, Fahafahana (Patrie, Révolution, Liberté)
• CFahafahana, Fitoviana, Fihavanana (Liberté, Égalité, Fraternité)
• DFinoana, Fahamarinana, Fandrosoana (Foi, Vérité, Progrès)

In the hierarchy of legal norms (hiérarchie des normes) in Madagascar, which source of law holds primacy over ordinary parliamentary statutes (lois ordinaires)?

• AThe Constitution, properly ratified international treaties, and organic laws
• BAutonomous ministerial circulars and internal service memoranda
• CPrefectural police regulations and municipal ordinances
• DCustomary practices codified by rural village councils alone

What is the primary mission of the Commission Électorale Nationale Indépendante (CENI) in Madagascar?

• ATo organize, manage, and supervise all electoral operations and popular consultations ind…
• BTo serve as the supreme appellate court for criminal trials involving candidates
• CTo formulate diplomatic treaties on cross-border trade
• DTo draft the state annual national budget and oversee tax collection

What does Article 4 of the 2010 Malagasy Constitution specify regarding the national and official languages of Madagascar?

• AMalagasy is the national language; Malagasy and French are the official languages
• BFrench is the sole national and official language for all public records
• CMalagasy, French, and English are all equal national and official languages
• DNo official language is recognized to preserve regional dialects

How can the Government of Madagascar enact legal rules within the domain of statutory law without a prior parliamentary vote on each article?

• ABy requesting an enabling law (loi d'habilitation) from Parliament to issue ordinances (o…
• BBy unilateral decree issued by the Minister of Justice without constitutional reference
• CBy obtaining a written exemption from the bar council
• DBy holding a regional municipal plebiscite across three communes

Under Article 14 of the Constitution and Law n° 2011-012, what institutional status is guaranteed to the political opposition in Madagascar?

• AThe right to legal existence, expression, and representation, including the post of offic…
• BThe obligation to merge into a single consultative council under the Prime Minister's off…
• CThe requirement to obtain executive clearance before introducing amendments to bills
• DAutomatic suspension of political rights during the first two years of a legislature

Who presides over the Conseil Supérieur de la Magistrature (CSM) in Madagascar under the 2010 Constitution?

• AThe President of the Republic
• BThe First President of the Supreme Court
• CThe President of the National Assembly
• DThe President of the High Constitutional Court

How many times can an individual be re-elected to the office of President of the Republic of Madagascar?

• AOnly once (maximum of two terms in total)
• BThree times consecutively
• CAn unlimited number of times as long as each term is separated by an interval
• DRe-election is prohibited; the presidency is strictly limited to a single term

What exceptional emergency regime may be decreed in the Council of Ministers when institutions or national security face an imminent threat?

• AThe state of emergency (état d'urgence) or state of necessity (état de nécessité), subjec…
• BThe indefinite suspension of all written laws and dissolution of all civilian courts
• CImmediate military annexing of all local administrative budgets without accountability
• DA permanent state of siege declared by the chief of police

Which constitutional principles are explicitly protected from any revision or constitutional amendment under Article 163 of the Malagasy Constitution?

• AThe republican and secular form of the State, and the principle of territorial integrity
• BThe precise monetary exchange rate of the Malagasy Ariary against foreign currencies
• CThe number of administrative ministries composing the government cabinet
• DThe physical location of the national university campus at Ankatso

What is the constitutional role of the Conseil Économique, Social et Culturel (CESC) in Madagascar?

• ATo provide consultative opinions on economic, social, and cultural bills and development…
• BTo adjudicate commercial disputes between domestic banking corporations
• CTo negotiate and ratify international peace treaties independently of Parliament
• DTo manage civil service recruitment examinations directly for all ministries

In the event of a declared vacancy of the Presidency of the Republic, who exercises presidential functions on an interim basis under Article 52 of the Constitution?

• AThe President of the Senate, or a collegial government headed by the Prime Minister if th…
• BThe First President of the Supreme Court acting with the Minister of Defense
• CThe doyen of the diplomatic corps in Antananarivo
• DThe President of the National Assembly without any restriction or oversight

What three distinct supreme judicial bodies constitute the Cour Suprême of Madagascar under Article 119 of the Constitution?

• AThe Constitutional Council, the National Audit Bureau, and the High Military Tribunal
• BThe Cour de Cassation, the Conseil d'État, and the Cour des Comptes
• CThe Tribunal of Conflicts, the Central Electoral Tribunal, and the Maritime Court
• DThe Commercial Appellate Chamber, the Penal Review Board, and the Labor Tribunal

What is the primary legal function of the Cour de Cassation in the Malagasy judicial system?

• ATo re-examine the physical evidence, interview all witnesses, and retry the factual merit…
• BTo hear original criminal indictments directly against foreign ambassadors
• CTo verify whether lower courts correctly applied the law without re-evaluating the facts…
• DTo administer civil status registers and issue birth certificates

Which judicial body serves as the ordinary court of first instance for civil, commercial, and correctional criminal cases in Madagascar?

• AThe Conseil d'État
• BThe Cour Criminelle Spéciale
• CThe Haute Cour de Justice
• DThe Tribunal de Première Instance (TPI)

What type of litigation falls within the jurisdiction of the Conseil d'État in Madagascar?

• ADisputes involving the legality of administrative decisions, claims of abuse of power, an…
• BDivorce proceedings and child custody disputes between private citizens
• CProsecution of misdemeanor property theft between private business owners
• DRegistration of trademarks, patents, and copyright licenses

What is the primary constitutional mission of Madagascar's Cour des Comptes?

• ATo issue criminal warrants for maritime customs evasion
• BTo audit public accounts, judge public accountants, and assist Parliament and Government…
• CTo determine real estate boundaries between decentralized communes
• DTo manage diplomatic relations and international trade treaties

What fundamental constitutional guarantee distinguishes sitting judges (magistrats du siège) from prosecuting magistrates (magistrats du parquet)?

• ASitting judges have higher military rank than prosecutors
• BSitting judges can never be promoted or reassigned under any circumstances
• CSitting judges enjoy the guarantee of irremovability (inamovibilité) and cannot be reassi…
• DProsecuting magistrates are elected by popular vote while sitting judges are appointed

What is the composition and jurisdictional scope of the Cour Criminelle Ordinaire in Madagascar?

• AA single commercial arbitrator ruling on maritime cargo insurance
• BA collegiate bench of three administrative judges hearing municipal zoning challenges
• CA panel of military officers ruling exclusively on treason committed in wartime
• DA presiding professional magistrate assisted by assessors, trying major criminal felonies…

What is the core meaning of the principle of penal legality (principe de la légalité des délits et des peines) under Malagasy law?

• ANo conduct can be punished as a crime, and no penalty imposed, unless precisely defined b…
• BJudges are free to invent new criminal penalties based on natural moral law
• CAny executive minister may create new criminal offenses by informal public announcement
• DThe police may detain citizens indefinitely whenever a crime is suspected

Into what three hierarchical categories are penal infractions classified in the Malagasy Penal Code based on penalty severity?

• ACivil torts, administrative infractions, and public nuisances
• BContraventions (petty offenses), délits (misdemeanors), and crimes (felonies)
• CSummary offenses, common misdemeanors, and treasonous felonies
• DRegulatory infractions, economic breaches, and political offenses

Under Loi n° 66-003 on the General Theory of Obligations (LTGO), which of the following is recognized as a source of civil obligations in Madagascar?

• AOnly international diplomatic conventions ratified by unanimous referendum
• BExclusively unilateral declarations certified by a tribal chieftain
• CJuridical acts (such as contracts), juridical facts (such as torts and quasi-contracts),…
• DSolely formal decrees issued by the Ministry of Economy

Which sentence best condenses the idea: 'Because a rule is publicly announced, consistently applied, and open to challenge before an independent court, citizens can plan their conduct with greater confidence'?

• AEvery public announcement prevents all disagreement.
• BCourts should plan each citizen's conduct.
• CConsistent, reviewable public rules make conduct more predictable.
• DConfidence exists only when rules never change.

Which of the following constitute the recognized defects of consent (vices du consentement) capable of invalidating a contract in Malagasy civil law?

• AError (erreur), fraudulent deception (dol), and duress (violence)
• BPoverty, illness, and change of residence
• CInflation, currency devaluation, and price fluctuation
• DIgnorance of commercial practice, breach of etiquette, and delay in delivery

In criminal procedure, what fundamental distinction separates the 'action publique' from the 'action civile'?

• AThe public action is brought by private citizens for profit, while the civil action is co…
• BThe public action is brought on behalf of society to punish the offender, while the civil…
• CThe public action only applies to tax crimes, while the civil action applies to murder an…
• DThe public action is resolved exclusively by financial arbitration, while the civil actio…

What is guaranteed to every accused person under the constitutional presumption of innocence in Madagascar?

• AThe state must provide immunity from all future legal claims regardless of conduct
• BThe accused cannot be subjected to any questioning by police officers
• CThe accused is presumed innocent until proven guilty by a definitive decision of a compet…
• DThe trial must be conducted in secret without the presence of defense counsel

What distinguishes absolute nullity (nullité absolue) from relative nullity (nullité relative) in the Malagasy law of contracts?

• AAbsolute nullity requires a royal decree while relative nullity is issued by a police ins…
• BAbsolute nullity only applies to foreign trade contracts while relative nullity applies t…
• CAbsolute nullity cannot be cured and applies to defects in form, while relative nullity a…
• DAbsolute nullity protects the general public interest and can be invoked by any intereste…

What is the primary role of the Juge d'instruction (investigating judge) in Malagasy criminal procedure?

• ATo conduct the preliminary judicial investigation (instruction préparatoire) impartially,…
• BTo pronounce the final criminal sentence and determine the prison facility
• CTo act as the permanent legal defense counsel for the defendant
• DTo lead armed paramilitary raids against suspected criminal organizations

Under the LTGO, what three elements must a claimant prove to establish extra-contractual civil liability (responsabilité civile délictuelle)?

• AA written deed, registration at the land registry, and non-payment of rent
• BA wrongful act or fault (faute), an actual injury or damage (dommage/préjudice), and a di…
• CA commercial invoice, a bank guarantee, and notification to the chamber of commerce
• DA criminal indictment, a jury verdict, and police testimony

Which specialized jurisdiction in Madagascar handles individual disputes between employers and employees arising from employment contracts?

• AThe Maritime Prize Tribunal
• BThe High Constitutional Court
• CThe Tribunal du Travail (Labor Tribunal)
• DThe Cour des Comptes

What are the core duties of the Procureur de la République (Public Prosecutor) at a Tribunal de Première Instance?

• ATo represent private commercial landlords in eviction lawsuits
• BTo preside over criminal trials as the head of the judicial trial bench
• CTo draft national legislation on behalf of the parliamentary majority
• DTo receive complaints, direct the judicial police, evaluate prosecution opportunities, an…

What three cumulative conditions must an event fulfill to be legally qualified as 'force majeure' exempting a debtor from contractual liability under Malagasy law?

• AIt must be commercial, expensive, and approved by the tax authority
• BIt must be unforeseeable (imprévisible), irresistible (irrésistible), and external to the…
• CIt must be intentional, fraudulent, and certified by three witnesses
• DIt must be approved in advance by the Prime Minister in the Official Gazette

Which territorial entities are established as Collectivités Territoriales Décentralisées (CTD) under Article 143 of the Malagasy Constitution?

• ACantons, Arrondissements, and Prefectures
• BTribal homelands, military garrisons, and port enclaves
• CCommunes, Régions, and Provinces
• DDistricts, Fivondronana, and Firaisana

How many administrative regions (Régions) currently constitute the territorial division of Madagascar following the creation of Vatovavy in 2021?

• A18 regions
• B20 regions
• C22 regions
• D23 regions

What are the two primary governing organs of a decentralized Commune in Madagascar?

• AThe Maire (executive organ) and the Conseil Municipal or Conseil Communal (deliberative o…
• BThe Prefect (executive organ) and the District Magistrate (judicial organ)
• CThe Village Elder (traditional organ) and the Gendarmerie Commander (enforcement organ)
• DThe Regional Governor (executive organ) and the Revenue Inspector (fiscal organ)