The Dark Veins of Power: Analysis of the Independence of Malagasy Justice in Light of the Separation of Powers

Abstract

Justice is a fundamental pillar of the rule of law and democracy. In Madagascar, despite the 2010 constitutional provisions guaranteeing judicial independence, a major contradiction persists between the stated principle and institutional reality. This article aims to demonstrate the mechanisms by which the executive branch exercises control over the judiciary and analyze the consequences for public confidence. The methodology is based on an exegetical analysis of constitutional texts and organic laws, combined with an observation of institutional practices and governance indicators. The results reveal significant executive control over career management, the budget, and appointments to the High Courts via the High Council of the Judiciary. Assessments by the World Bank and Transparency International correlate this structural dependence with levels of perceived corruption. This situation leads to administrative delays and a loss of public confidence, threatening social cohesion and the culture of Fihavanana. A comparative perspective with other African systems sheds light on Madagascar's specificities. In conclusion, judicial independence remains textual rather than substantive. Structural reform that excludes direct influence from the executive branch and incorporates the contributions of magistrates is urgently needed to restore the legitimacy of the justice system and guarantee the separation of powers.