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Armée et constitutions : le cas de Madagascar

Abstract : Constitutional and military history have taken a new turn since the militarization of the Malagasy political system in 1971. The ever-increasing role of the military elite has been characterized by a lack of institutional legitimacy, which has led the said elite to seek out constitutional legitimacy. This issue of legitimacy has taken precedence over constitutional legality throughout history. Indeed, in order to strengthen its power, the military developed some texts meant to complete or supersede the Supreme Law. Furthermore, the military has been the vector of the so-called “national” legitimacy upon which those holding the reins of political power have relied. Power sharing between the civil and military elites has occurred through the division of roles and responsibilities regarding defense and security. This is in line with the desire to limit the presence of the armed forces in decision-making positions. The gradual stepping aside of these armed forces has come about due to a reform within the sector but above all due to the development of constitutional and legal rules intended to strengthen the role of the civil authorities in defense management. This paper seeks to demonstrate the specific trajectory of the Malagasy military elite, particularly with respect to the visibility of Asian and African armed forces on the political stage but also with respect to the conquest of State power. This study thereby focuses on the military’s status within the Malagasy State, particularly from a constitutional perspective. furthermore, questions arise as to the constitutional means to limit praetorianism. Ultimately, this raises questions about the implementation and consolidation of democracy in a hybrid State led by patrimonial democrats.
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Juvence F. Ramasy. Armée et constitutions : le cas de Madagascar. Revue juridique de l'Océan Indien, Association « Droit dans l’Océan Indien » (LexOI), 2020, pp.463-474. ⟨hal-03327620⟩

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