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<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] Article 68
The Parliament is composed of the National Assembly and the Senate. It votes the law. It controls the action of the Government. It evaluates the public policies.
CHAPTER I. Of the National Assembly
Article 69
The members of the National Assembly are elected for five years by universal direct suffrage.
The regime of the ballots is determined by an organic law.
The members of the National Assembly bear the title of « Deputy of Madagascar ».
Article 70
A decree taken in the Council of Ministers establishes the number of members of the National Assembly, the distribution of the seats on the whole of the national territory as well as the divisions of the electoral circumscriptions.
Article 71
The mandate of Deputy is incompatible with the exercise of any other elective public mandate and of all public employments, except teaching.
The Deputy appointed member of the Government is suspended, of office, from his mandate. He is replaced by his substitute.
The Deputy exercises his mandate following his conscience and within respect for the ethical rules determined in the forms established in Article 79 below.
Article 72
During his mandate, the Deputy may not, under penalty of forfeiture, change political group to affiliate with a new group, other than the one in the name of which he has been elected.
In the case of infraction of the preceding paragraph, the sanction is forfeiture that is declared by the High Constitutional Court.
The Deputy elected without belonging to a party may affiliate with the parliamentary group of his choice within the Assembly.
The forfeiture of a Deputy may also be declared by the High Constitutional Court if he deviates from the line of conduct of his parliamentary group.
The regime of forfeiture and the rules of ethics and of deontology are determined by the law on the political parties and the regulations in the matter of the financing of the political parties.
Article 73
No Deputy may be prosecuted, investigated, arrested, detained or judged for the opinions or the votes emitted by him in the exercise of his functions.
A Deputy may, during the sessions, only be prosecuted and arrested in criminal or correctional matters, with the authorization of the Assembly, except in the case of flagrante delicto.
No Deputy may, out of session, be arrested without the authorization of the Bureau of the Assembly, except in case of flagrante delicto, of authorized prosecutions or of definitive conviction.
Any person justified by an interest may refer in writing the Permanent Bureau of the National Assembly to the matter of accusing a Deputy. The Bureau must give a detailed response within a time period of three months.
Article 74
The President of the National Assembly and the members of the Bureau are elected at the beginning of the first session for the duration of the legislature.
Nevertheless, they can be removed from their respective functions of members of the Bureau for grave reason by a secret vote of two-thirds of the Deputies.
Article 75
The National Assembly meets of plain right in two ordinary sessions per year. The duration of each session is established at sixty days.
The first session begins on the first Tuesday of May and the second, consecrated principally to the adoption of the law of finance, the third Tuesday of October.
Article 76
The National Assembly meets in extraordinary session, on a determined agenda, by decree of the President of the Republic taken in the Council of Ministers, either by the initiative of the Prime Minister or at the demand of the absolute majority of the members composing the National Assembly.
The duration of the session may not exceed twelve days. Nevertheless, a decree of closure intervenes when the National Assembly has exhausted the agenda for which it was convoked.
Article 77
The sittings of the National Assembly are public. A record is held and its publication is assured within the conditions specified by the law.
The National Assembly sits in closed session at the demand of one-quarter of its members or of the Government. A record of the ordered decisions is written.
Article 78
The National Assembly meets of plain right in special session on the second Tuesday that follows the proclamation of the results of its election to proceed to the constitution of its Bureau and to the formation of the commissions.
The opposition has the right to a position of vice-president and presides over at least one of the commissions. The session is closed after exhaustion of the agenda.
Article 79
The rules relative to the functioning of the National Assembly are established in their general principles by an organic law and in their modalities by its internal regulations. The internal regulations are published in the Journal Officiel of the Republic.
CHAPTER II. Of the Senate
Article 80
The members of the Senate bear the title of « Senator of Madagascar ». Their mandate is of five years, except for that which concerns the President of the Senate, in application of Article 46 paragraph 2 of this Constitution.
Article 81
The Senate represents the Decentralized Territorial Collectivities and the economic and social organizations. It includes, for two-thirds, members elected in equal </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 2)? [/INST] published in the Journal Officiel of the Republic.
CHAPTER II. Of the Senate
Article 80
The members of the Senate bear the title of « Senator of Madagascar ». Their mandate is of five years, except for that which concerns the President of the Senate, in application of Article 46 paragraph 2 of this Constitution.
Article 81
The Senate represents the Decentralized Territorial Collectivities and the economic and social organizations. It includes, for two-thirds, members elected in equal number for each Province, and for one-third, members appointed by the President of the Republic, in part, by virtue of their particular competence.
Article 82
The rules of functioning of the Senate, its composition as well as the modalities of election and of designation of its members are established by an organic law.
Article 83
The Senate is consulted by the Government to give its opinion on economic, and social questions and questions of organization of the Decentralized Territorial Collectivities.
Article 84
The Senate meets of plain right in two ordinary sessions per year. The duration of each session is established at sixty days.
The first session begins on the first Tuesday of May and the second, consecrated principally to the adoption of the law of finance, the third Tuesday of October.
It may equally meet in special session by convocation of the Government. Its agenda is then limitatively established by the decree of convocation taken in the Council of Ministers.
When the National Assembly is not sitting, the Senate may only discuss issues referred to it by the Government for its opinion, excluding all legislative bills.
Article 85
The provisions of Articles 71 to 79 are applicable, by analogy, to the Senate.
CHAPTER III. Of the Relations Between the Government and the Parliament
Article 86
The initiative of the laws belongs concurrently to the Prime Minister, the Deputies and the Senators.
The bills of law are deliberated in the Council of Ministers and presented to the Bureau of one of the two Assemblies.
The agenda of the Assemblies includes by priority and on the agenda established by the Government the discussion of the bills of law presented to the Bureau of the National Assembly or to that of the Senate by the Prime Minister.
The proposals of law and amendments presented by the parliamentarians are brought to the cognizance of the Government which is provided with, to formulate its observations, a time period of thirty days for the proposals and fifteen days for the amendments.
At the expiration of this time period, the Assembly before which the proposals or the amendments were presented proceeds to the examination of them with a view to their adoption.
The proposals or amendments are not receivable when their adoption will have as consequence, in the framework of the current budgetary year, either the diminution of the public resources or the aggravation of the charges of the State, except in the matter of the law of finance.
If it appears, in the course of the legislative procedure, that a proposal or an amendment is not of the domain of the law, the Government may oppose the receivability. In the case of disagreement between the Government and the National Assembly or the Senate, the High Constitutional Court, at the demand of the Prime Minister or of the President of one or the other Parliamentary Assembly, decides within a time period of eight days.
Two weeks of sitting of four, at least, are reserved for the examination of the texts and to the debates of which the Government demands the inscription in the agenda.
Article 87
The organic laws, the laws of finance and the ordinary laws are voted by the Parliament within the conditions established by this Constitution.
Article 88
In addition to the questions that are directed to it by other Articles of the Constitution, the following arise from an organic law:
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the rules relative to the election of the President of the Republic;
the modalities of the ballot relative to the election of the Deputies, the conditions of eligibility, the regime of incompatibility and of forfeiture, the rules of replacement in the case of vacancy, the organization and the functioning of the National Assembly;
the modalities of the ballot relative to the election of the Senators, the conditions of eligibility, the regime of incompatibility and forfeiture and the rules of replacement in the case of vacancy, the organization and the functioning of the Senate;
the rules governing the competences, the modalities of the organization and the functioning of the Decentralized Territorial Collectivities, as well as those of the administration of their own affairs;
the organization, the composition, the functioning and the attributions of the Supreme Court and of the three Courts composing it, those relative to the appointment of their members as well as those relative to the procedure applicable before them;
the status of the Magistrates;
the organization, the functioning and the attributions of the Superior Council of the Magistrature;
the organization, the functioning, the attributions, the referral </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 3)? [/INST] of their own affairs;
the organization, the composition, the functioning and the attributions of the Supreme Court and of the three Courts composing it, those relative to the appointment of their members as well as those relative to the procedure applicable before them;
the status of the Magistrates;
the organization, the functioning and the attributions of the Superior Council of the Magistrature;
the organization, the functioning, the attributions, the referral and the procedure to follow before the High Court of Justice;
the organization, the functioning, the attributions, the referral and the procedure to follow before the High Constitutional Court;
the Electoral Code;
the general provisions relative to the laws of finance;
the general provisions relative to the Public Markets concerning the mining resources;
the situations of exception as well as the limitations of the public, individual and collective freedoms during those situations;
the provisions for adjustment destined to favor the equality between the territorial collectivities.
the rules relative to the election of the President of the Republic;
the modalities of the ballot relative to the election of the Deputies, the conditions of eligibility, the regime of incompatibility and of forfeiture, the rules of replacement in the case of vacancy, the organization and the functioning of the National Assembly;
the modalities of the ballot relative to the election of the Senators, the conditions of eligibility, the regime of incompatibility and forfeiture and the rules of replacement in the case of vacancy, the organization and the functioning of the Senate;
the rules governing the competences, the modalities of the organization and the functioning of the Decentralized Territorial Collectivities, as well as those of the administration of their own affairs;
the organization, the composition, the functioning and the attributions of the Supreme Court and of the three Courts composing it, those relative to the appointment of their members as well as those relative to the procedure applicable before them;
the status of the Magistrates;
the organization, the functioning and the attributions of the Superior Council of the Magistrature;
the organization, the functioning, the attributions, the referral and the procedure to follow before the High Court of Justice;
the organization, the functioning, the attributions, the referral and the procedure to follow before the High Constitutional Court;
the Electoral Code;
the general provisions relative to the laws of finance;
the general provisions relative to the Public Markets concerning the mining resources;
the situations of exception as well as the limitations of the public, individual and collective freedoms during those situations;
the provisions for adjustment destined to favor the equality between the territorial collectivities.
Article 89
The organic laws are voted and modified within the following conditions:
####
the bill or proposal is submitted to deliberation and to vote of the first Assembly referred to the matter until the expiration of a time period of 15 days after its presentation;
the procedures specified in Articles 86, 96 and 98 are applicable. Nevertheless, an organic law may only be adopted by the absolute majority of the members composing each Assembly; without agreement between the two Assemblies after two readings, the National Assembly decides definitively by a majority of two-thirds of the members composing it.
If the National Assembly has not adopted the bill of the organic law before the closure of the session, the provisions of that bill may enter into force by way of ordinance, including, the case arising, one or several amendments adopted by one Assembly.
the organic laws relative to the Senate must be voted in the same terms by the two Assemblies.
The organic laws can only be promulgated after declaration of their conformity to the Constitution by the High Constitutional Court.
the bill or proposal is submitted to deliberation and to vote of the first Assembly referred to the matter until the expiration of a time period of 15 days after its presentation;
the procedures specified in Articles 86, 96 and 98 are applicable. Nevertheless, an organic law may only be adopted by the absolute majority of the members composing each Assembly; without agreement between the two Assemblies after two readings, the National Assembly decides definitively by a majority of two-thirds of the members composing it.
If the National Assembly has not adopted the bill of the organic law before the closure of the session, the provisions of that bill may enter into force by way of ordinance, including, the case arising, one or several amendments adopted by one Assembly.
the organic laws relative to the Senate must be voted in the same terms by the two Assemblies.
The organic laws can only be promulgated after declaration of their conformity to the Constitution by the High Constitutional Court.
Article 90
In the framework of the organic law applicable in the matter, the law of finance:
####
determines the resources and the charges of the State in the conditions and under the reserves specified by an organic law. </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 4)? [/INST] several amendments adopted by one Assembly.
the organic laws relative to the Senate must be voted in the same terms by the two Assemblies.
The organic laws can only be promulgated after declaration of their conformity to the Constitution by the High Constitutional Court.
Article 90
In the framework of the organic law applicable in the matter, the law of finance:
####
determines the resources and the charges of the State in the conditions and under the reserves specified by an organic law.
determines, for a fiscal year, the nature, the amount and the allocation of the resources and of the charges of the State as well as the financial and budgetary equilibrium resulting from it taking into account the constraints of macroeconomic order;
determines the proportion of the public receipts that should revert to the State, or to the Decentralized Territorial Collectivities, as well as the nature and the maximum rate of the taxes and assessments collected directly in favor of the budget of those Collectivities, determined in the Council of Ministers.
determines the resources and the charges of the State in the conditions and under the reserves specified by an organic law.
determines, for a fiscal year, the nature, the amount and the allocation of the resources and of the charges of the State as well as the financial and budgetary equilibrium resulting from it taking into account the constraints of macroeconomic order;
determines the proportion of the public receipts that should revert to the State, or to the Decentralized Territorial Collectivities, as well as the nature and the maximum rate of the taxes and assessments collected directly in favor of the budget of those Collectivities, determined in the Council of Ministers.
The organic law determines the modalities of application of the provisions of this Article, as well as the provisions for adjustment destined to favor the equality between the Decentralized Territorial Collectivities.
The law specifies the conditions for loans and decides on the eventual creation of funds.
The law determines:
####
the modalities of utilization of the funds of external loans and of parliamentary and jurisdictional control;
The regime of personal and pecuniary responsibility of the financial authorities who are authors of diversion of the funds of loans as well as that of the disengagement of the responsibility of the State.
the modalities of utilization of the funds of external loans and of parliamentary and jurisdictional control;
The regime of personal and pecuniary responsibility of the financial authorities who are authors of diversion of the funds of loans as well as that of the disengagement of the responsibility of the State.
Article 91
The program laws determine the objectives of the action of the State in matters of economic, environmental, social and territorial development.
The provisions of this Article are specified and completed by an organic law.
Article 92
The Parliament examines the bill of the law of finance in the course of the second ordinary session.
Under the authority of the Prime Minister, Head of Government, the Ministers in charge of Finance and of the Budget prepare the bill of the law of finance.
The Parliament is provided with a maximum time period of sixty days to examine it.
The National Assembly is provided with a maximum time period of thirty days counting from the presentation of the bill to examine it in a first reading. Without having pronounced itself in this time period, it is deemed to have adopted it and the bill is transmitted to the Senate.
In the same conditions, it is provided for the first reading with a time period of fifteen days counting from the transmission of the bill, and each Assembly is provided with a time period of five days for each one of the subsequent readings.
Without having pronounced itself within the given time period an Assembly is deemed to have voted favorably on the text to which it was referred.
If the Parliament has not adopted the bill of the law of finance before the closure of the second session, the provisions of the bill may enter into force by way of ordinance including one or several of the amendments adopted by the two Assemblies.
Any amendment to the bill of the budget causing an increase in the expenditures or a diminution of the public resources must be accompanied by a proposal of augmentation of receipts or of equivalent economies.
If the bill of the law of finance of a fiscal year was not presented in a timely fashion to be adopted before the beginning of that fiscal year, the Prime Minister is authorized to receive the taxes and opens by decree the credits related to the services voted.
An organic law specifies the conditions for the adoption of the bill of the law of finance.
Article 93
The Court of Accounts assists the Parliament in the control of the action of the Government. It assists the Parliament and the Government in the control of the execution of the laws of finance as well as in the evaluation of the public policies. With its public reports, it contributes to the information of the citizens.
The accounts of the Public Administrations must be regular and sincere, and </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 5)? [/INST] voted.
An organic law specifies the conditions for the adoption of the bill of the law of finance.
Article 93
The Court of Accounts assists the Parliament in the control of the action of the Government. It assists the Parliament and the Government in the control of the execution of the laws of finance as well as in the evaluation of the public policies. With its public reports, it contributes to the information of the citizens.
The accounts of the Public Administrations must be regular and sincere, and give a faithful image of the result of their administration, of their patrimony and of their financial situation.
Article 94
The President of the Republic communicates with the Parliament by a message that does not give rise to any debate.
Article 95
In addition to the issues that are directed to it by other Articles of the Constitution:
####
The law establishes the rules concerning:
the civil rights and the fundamental guarantees granted to individuals, associations, political parties and to any other group for the exercise of the rights and the freedoms as well as their duties and obligations;
international relations;
nationality;
the Central Bank and the regime of emission of the currency;
the circulation of persons;
the rules of civil and commercial procedure;
the rules of administrative and financial procedure;
the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty;
the rules relative to the conflicts of the laws and of the competences;
the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are applicable to them;
the organization of the family, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts;
the juridical regime of property, of real rights, of civil and commercial obligations and the conditions in which assets may be subject to expropriation or to requisition for cause of public necessity or for transfers of property to the State;
the creation of categories of public establishments;
the status and the regime of autonomy of the Universities, as well as the status of the teachers of superior education
The grand orientations of development of primary and secondary education
the strategic resources;
the organization and the functioning of the Decentralized Territorial Collectivities;
the particular status of the Capital of the Republic, of certain portions of the national territory, of the Palaces of State and other buildings belonging to the domain of the State, of the ports and of their hub and spoke networks, of the airports and the regime of the maritime resources;
the nature and the base of the taxes and assessments of the Decentralized Territorial Collectivities.
the Council of the Malagasy National Order;
urbanism and habitat;
the conditions of ownership of land by foreigners;
the conditions of transference to the State of the lands not valued;
the organization, the functioning and the attributions of the General Inspection of the State and of the other organs of control of the Administration;
The law determines the general principles:
of the organization of the national defense and of the use of the Armed Forces or of the Forces of Order by the civil authorities;
the general status of the civil and military functionaries of the State and of the territorial functionaries;
of the right to work, of the syndical right, of the right to strike and of social welfare;
of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa;
of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity;
of the protection of the environment.
The declaration of war may only be authorized by the Parliament meeting in Congress by the absolute majority of all the members composing it.
The law establishes the rules concerning:
####
the civil rights and the fundamental guarantees granted to individuals, associations, political parties and to any other group for the exercise of the rights and the freedoms as well as their duties and obligations;
international relations;
nationality;
the Central Bank and the regime of emission of the currency;
the circulation of persons;
the rules of civil and commercial procedure;
the rules of administrative and financial procedure;
the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty;
the rules relative to the conflicts of the laws and of the competences;
the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 6)? [/INST]
the circulation of persons;
the rules of civil and commercial procedure;
the rules of administrative and financial procedure;
the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty;
the rules relative to the conflicts of the laws and of the competences;
the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are applicable to them;
the organization of the family, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts;
the juridical regime of property, of real rights, of civil and commercial obligations and the conditions in which assets may be subject to expropriation or to requisition for cause of public necessity or for transfers of property to the State;
the creation of categories of public establishments;
the status and the regime of autonomy of the Universities, as well as the status of the teachers of superior education
The grand orientations of development of primary and secondary education
the strategic resources;
the organization and the functioning of the Decentralized Territorial Collectivities;
the particular status of the Capital of the Republic, of certain portions of the national territory, of the Palaces of State and other buildings belonging to the domain of the State, of the ports and of their hub and spoke networks, of the airports and the regime of the maritime resources;
the nature and the base of the taxes and assessments of the Decentralized Territorial Collectivities.
the Council of the Malagasy National Order;
urbanism and habitat;
the conditions of ownership of land by foreigners;
the conditions of transference to the State of the lands not valued;
the organization, the functioning and the attributions of the General Inspection of the State and of the other organs of control of the Administration;
the civil rights and the fundamental guarantees granted to individuals, associations, political parties and to any other group for the exercise of the rights and the freedoms as well as their duties and obligations;
international relations;
nationality;
the Central Bank and the regime of emission of the currency;
the circulation of persons;
the rules of civil and commercial procedure;
the rules of administrative and financial procedure;
the determination of crimes and misdemeanors as well as the penalties applicable to them, the criminal procedure, amnesty;
the rules relative to the conflicts of the laws and of the competences;
the creation of new orders of jurisdictions and their respective competences as well as their organization and the rules of procedure that are applicable to them;
the organization of the family, the state and the capacity of persons, the matrimonial regimes, inheritance and gifts;
the juridical regime of property, of real rights, of civil and commercial obligations and the conditions in which assets may be subject to expropriation or to requisition for cause of public necessity or for transfers of property to the State;
the creation of categories of public establishments;
the status and the regime of autonomy of the Universities, as well as the status of the teachers of superior education
The grand orientations of development of primary and secondary education
the strategic resources;
the organization and the functioning of the Decentralized Territorial Collectivities;
the particular status of the Capital of the Republic, of certain portions of the national territory, of the Palaces of State and other buildings belonging to the domain of the State, of the ports and of their hub and spoke networks, of the airports and the regime of the maritime resources;
the nature and the base of the taxes and assessments of the Decentralized Territorial Collectivities.
the Council of the Malagasy National Order;
urbanism and habitat;
the conditions of ownership of land by foreigners;
the conditions of transference to the State of the lands not valued;
the organization, the functioning and the attributions of the General Inspection of the State and of the other organs of control of the Administration;
The law determines the general principles:
####
of the organization of the national defense and of the use of the Armed Forces or of the Forces of Order by the civil authorities;
the general status of the civil and military functionaries of the State and of the territorial functionaries;
of the right to work, of the syndical right, of the right to strike and of social welfare;
of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa;
of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity;
of the protection of the environment.
of the organization of the national defense </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 7)? [/INST] aries;
of the right to work, of the syndical right, of the right to strike and of social welfare;
of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa;
of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity;
of the protection of the environment.
of the organization of the national defense and of the use of the Armed Forces or of the Forces of Order by the civil authorities;
the general status of the civil and military functionaries of the State and of the territorial functionaries;
of the right to work, of the syndical right, of the right to strike and of social welfare;
of the transfer of property of an enterprise or of an organ from the public sector to the private sector and vice versa;
of the organization or of the functioning of the different sectors of juridical, economical, social and cultural activity;
of the protection of the environment.
The declaration of war may only be authorized by the Parliament meeting in Congress by the absolute majority of all the members composing it.
Article 96
Any bill or proposal of law is examined in first reading by the Assembly before which it was presented and then transmitted to the other Assembly.
The discussion takes place successively in each Assembly until the adoption of a unique text.
When following a disagreement between the two Assemblies, a bill or a proposal of law could not be adopted after two readings by each Assembly or if the Government has declared urgency, after a sole reading by each one of them, the Prime Minister has the faculty to initiate the meeting of a mixed joint commission in charge of proposing a text on the provisions still in discussion. The text elaborated by the joint commission may be submitted by the Government for approval to the two Assemblies. No amendment is receivable without the agreement of the Government.
If the commission does not reach the adoption of a common text or if this text is not adopted within the conditions specified in the preceding paragraph, the National Assembly decides definitively by the absolute majority of the members composing it.
Article 97
The matters other than those that are of the domain of the law have a regulatory character. The texts of legislative form intervening in these matters may be modified by decree taken after the opinion of the High Constitutional Court.
Those of these texts that would intervene after the entry into force of this Constitution may only be modified by decree if the High Constitutional Court has declared that they have a regulatory character in virtue of the preceding paragraph.
Article 98
The Government, by engaging its responsibility within the conditions specified in Article 100 below, may demand of each one of the Assemblies to pronounce themselves by a sole vote on all or on part of the provisions of the texts in discussion:
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at the moment of the extraordinary sessions, provided that these texts have been deposited within forty-eight hours of the opening of the sessions;
in the last eight days of each one of the ordinary sessions.
at the moment of the extraordinary sessions, provided that these texts have been deposited within forty-eight hours of the opening of the sessions;
in the last eight days of each one of the ordinary sessions.
Article 99
Within the thirty days of his appointment, the Prime Minister presents his program for implementing the general policy of the State to the Parliament, which can emit suggestions.
If, in the course of the execution, the Government estimates that fundamental modifications of this program prove necessary, the Prime Minister submits those modifications to the National Assembly, which may emit suggestions.
Article 100
The Prime Minister, after deliberation in the Council of Ministers, may engage the responsibility of his government by posing the question of confidence.
The vote can only take place forty-eight hours after the presentation of the question. If he is defeated by two-thirds of the members composing the National Assembly, the Government remits its resignation to the President of the Republic.
The President of the Republic appoints a Prime Minister in accordance with Article 54.
Article 101
At the beginning of each first ordinary session, the Government presents to the National Assembly a report on the execution of its program.
The presentation will be followed by a debate on the results of the actions of the Government and the evaluation of the public policies.
Article 102
The means of information of the Parliament concerning the governmental action are the oral question, the written question, the interpellation, and the commission of inquiry.
One session per fortnight at least, inclusively during the extraordinary sessions specified in Article 76, is reserved for the questions of the members of the Parliament and to the responses of the Government.
Three days of sittings per month are reserved for an agenda ordered by each Assembly on the initiative of the groups of the opposition of the interested Assembly as well as on that of the minority groups.
Article 103
The National Assembly may place </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE II. OF THE LEGISLATIVE MATTERS of the constitution 'Madagascar 2010' (Chunk 8)? [/INST] , the interpellation, and the commission of inquiry.
One session per fortnight at least, inclusively during the extraordinary sessions specified in Article 76, is reserved for the questions of the members of the Parliament and to the responses of the Government.
Three days of sittings per month are reserved for an agenda ordered by each Assembly on the initiative of the groups of the opposition of the interested Assembly as well as on that of the minority groups.
Article 103
The National Assembly may place in question the responsibility of the Government by the vote of a motion of censure.
Such a motion is only receivable if it is signed by half of the members composing the National Assembly. The vote can only take place forty-eight hours after the presentation of the motion.
The motion is only adopted if it is voted by two-thirds of the members composing the National Assembly.
If the motion is adopted, the Government remits its resignation to the President of the Republic; it will then proceed to the appointment of a Prime Minister within the conditions specified in Article 54 above.
Article 104
The Parliament, by a vote of the absolute majority of the members composing each Assembly, may delegate its power to legislate to the President of the Republic during a limited time and for a determined object.
The delegation of power authorizes the President of the Republic to take, by ordinance in the Council of Ministers, measures of general impact on matters arising in the domain of the law. </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE III. OF THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] Article 105
The Economic, Social and Cultural Council, referred to the matter by the Government, gives its opinion on the bills of law, of ordinance or of decree as well as on the proposals of laws that are submitted to it.
It is competent to examine the bills and the proposals of law with an economic, social and cultural character with the exclusion of the laws of finance.
It may undertake, on its own initiative, all studies or inquiries related to economic, social and cultural questions. Its reports are transmitted to the President of the Republic.
An organic law establishes the composition, the attributions and the functioning of the Economic, Social and Cultural Council. </s> |
<s>[INST] How many chunks are in TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010'? [/INST] 5 </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] CHAPTER I. Of the Fundamental Principles
Article 106
In the Republic of Madagascar, justice is rendered, in accordance with the Constitution and the law, in the name of the Malagasy People, by the Supreme Court, the Courts of Appeal and the jurisdictions that are attached to them as well as to the High Court of Justice.
Article 107
The President of the Republic is guarantor of the independence of justice.
To this end, he is assisted by a Superior Council of the Magistrature of which he is the President. The Minister in charge of Justice is Vice President of it.
The Superior Council of the Magistrature, organ of safeguarding, of administration of career and of sanction of the Magistrates, is responsible for:
####
seeing to, notably, the respect for the law and the provisions of the Statute of the Magistrature;
controlling the respect for the ethical rules by the Magistrates;
presenting recommendations on the administration of Justice, notably in that which concerns the measures of legislative or regulatory order relative to the jurisdictions and to the Magistrates.
seeing to, notably, the respect for the law and the provisions of the Statute of the Magistrature;
controlling the respect for the ethical rules by the Magistrates;
presenting recommendations on the administration of Justice, notably in that which concerns the measures of legislative or regulatory order relative to the jurisdictions and to the Magistrates.
The members of the Government, the Parliament, the High Council for the Defense of the Democracy and the State of Law, the Heads of Court as well as the associations legally constituted may refer matters to the Superior Council of the Magistrature.
An organic law establishes the rules relative to the organization, the functioning and the attributions of the Council.
Article 108
In their jurisdictional activities, the presiding Magistrates, the judges and assessors are independent and they are only submitted to the Constitution and the law.
As such, except for the cases specified by the law and under reserve of the disciplinary power, they may not in any matter, be interfered with in the exercise of their functions.
Article 109
The presiding Magistrates are irremovable; they occupy the positions of which they are titular members by virtue of their grade; they may not receive without their consent, any new assignment, except necessity of service duly declared by the Superior Council of the Magistrature.
Article 110
The Magistrates of the public ministry are submitted to the hierarchical subordination; nevertheless, in their oral pleadings or claims, they act according to their own conviction and in accordance with the law. They are provided with the judicial police of which they can control the activities and the functioning.
The fact of their enjoining to accomplish acts that are manifestly contrary to the law, results in, concerning these solicitors, the sanctions specified by the law.
Article 111
The exercise of the functions of Magistrate is incompatible with any activity within a political party and the Government, the exercise of any elective public mandate or of any other paid professional activity, with the exception of teaching activities.
Any Magistrate in office is submitted to the obligation of political neutrality.
Any Magistrate exercising an elective public mandate is placed, of office, in a position of detachment from office.
Article 112
The General Inspection of Justice, composed of representatives of the Parliament, of representatives of the government, of representatives of the High Council for the Defense of the Democracy and the State of Law, and of the representatives of the Magistrature, is in charge of controlling the respect for the ethical rules particular to the Magistrates, as well as the actions of the personnel of justice.
It is attached to the Presidency of the Republic.
The President of the Republic, the Parliament, the Government, the Heads of Court, the legally constituted associations and any person justifying an interest can refer matters to the General Inspection of Justice.
The law establishes the rules relative to the organization, the functioning and the attributions of the General Inspection of Justice.
Article 113
The National Council of Justice, is a consultative organ composed of the First President of the Supreme Court, President, of the Procurator General of the Supreme Court, of the Heads of Court, of the representatives of the executive power, of the legislative power, of the High Constitutional Court, of the Superior Council of the Magistrature, of the High Council for the Defense of the Democracy and the State of Law, and of the auxiliaries of justice in general. As such, it may propose to the Government measures of legislative or regulatory order relative to the organization and to the functioning of the jurisdictions, to the status of the Magistrates and the status of the auxiliaries of justice.
The law establishes the rules relative to the organization, to the functioning and to the attributions of the National Council of Justice.
CHAPTER II. Of the High Constitutional Court
Article </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010' (Chunk 2)? [/INST] Democracy and the State of Law, and of the auxiliaries of justice in general. As such, it may propose to the Government measures of legislative or regulatory order relative to the organization and to the functioning of the jurisdictions, to the status of the Magistrates and the status of the auxiliaries of justice.
The law establishes the rules relative to the organization, to the functioning and to the attributions of the National Council of Justice.
CHAPTER II. Of the High Constitutional Court
Article 114
The High Constitutional Court is composed of nine members. Their mandate is of seven (7) years non-renewable.
Three of the members are appointed by the President of the Republic, two are elected by the National Assembly, two by the Senate, and two are elected by the Supreme Council of the Magistrature.
The President of the High Constitutional Court is elected by and from among the members of that Court.
This election as well as the appointment of the other members are declared by decree of the President of the Republic.
Article 115
The functions of member of the High Constitutional Court are incompatible with those of member of the Government, of the Parliament, with any elective public mandate, any other paid professional activity, except for teaching activities, as well as any activity within a political party or a trade-union.
Article 116
In addition to the issues that are directed to it by other Articles of the Constitution, the High Constitutional Court, within the conditions established by an organic law:
####
decides on the conformity with the Constitution of the treaties, of the laws, of the ordinances, and of the autonomous regulations;
rules on the conflicts of competence between two or more Institutions of the State or between the State and one or more Decentralized Territorial Collectivities or between two or more Decentralized Territorial Collectivities;
decides on the conformity with the Constitution and with the organic laws, of the deliberations and of the regulatory acts adopted by the Decentralized Territorial Collectivities;
decides on the disputes of the operations of referendum, of the election of the President of the Republic and of the elections of the Deputies and Senators;
proclaims the official result of the presidential and legislative elections and of the consultations by referendum.
decides on the conformity with the Constitution of the treaties, of the laws, of the ordinances, and of the autonomous regulations;
rules on the conflicts of competence between two or more Institutions of the State or between the State and one or more Decentralized Territorial Collectivities or between two or more Decentralized Territorial Collectivities;
decides on the conformity with the Constitution and with the organic laws, of the deliberations and of the regulatory acts adopted by the Decentralized Territorial Collectivities;
decides on the disputes of the operations of referendum, of the election of the President of the Republic and of the elections of the Deputies and Senators;
proclaims the official result of the presidential and legislative elections and of the consultations by referendum.
Article 117
Before their promulgation, the organic laws, the laws and the ordinances are obligatorily submitted by the President of the Republic to the High Constitutional Court which decides on their conformity with the Constitution.
A provision judged unconstitutional may not be promulgated. In this case, the President of the Republic may decide, either to promulgate the other provisions of the law or of the ordinance, or to submit the entire text to a new deliberation of the Parliament or of the Council of Ministers according to the case, or not to proceed with the promulgation.
In the cases specified above, the referral of the High Constitutional Court to the matter suspends the time period for the promulgation of the laws.
The internal regulations of each Assembly are submitted to the control of constitutionality prior to their application. A provision judged unconstitutional may not be applied.
Article 118
A Head of an Institution or one-quarter of the members composing one of the Parliamentary Assemblies or the organs of the Decentralized Territorial Collectivities or the High Council for the Defense of Democracy and of the State of Law may refer to the Constitutional Court, for control of constitutionality, any text with legislative or regulatory value as well as all matters falling into its competence.
If, before a jurisdiction, a party raises an exception of unconstitutionality, that jurisdiction postpones its decision and refers the matter to the High Constitutional Court which decides within the time period of one month.
In the same way, if before a jurisdiction, a party maintains that a provision of a legislative or regulatory text infringes their fundamental rights recognized by the Constitution, that jurisdiction postpones its decision within the same conditions as in the previous paragraph.
A provision declared unconstitutional ceases of plain right to be in force.
The decision of the High Constitutional Court is published in the Journal Officiel.
Article 119
The High Constitutional </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010' (Chunk 3)? [/INST] the High Constitutional Court which decides within the time period of one month.
In the same way, if before a jurisdiction, a party maintains that a provision of a legislative or regulatory text infringes their fundamental rights recognized by the Constitution, that jurisdiction postpones its decision within the same conditions as in the previous paragraph.
A provision declared unconstitutional ceases of plain right to be in force.
The decision of the High Constitutional Court is published in the Journal Officiel.
Article 119
The High Constitutional Court can be consulted by any Head of an Institution and any organ of the Decentralized Territorial Collectivities to give its opinion on the constitutionality of any bill of act or on the interpretation of a provision of this Constitution.
Article 120
In the matter of electoral dispute and of direct popular consultation, the High Constitutional Court renders orders.
In the other matters falling into its competence, except in the case specified in Article 119, it renders decisions.
The orders and decisions of the High Constitutional Court are substantiated; they are not susceptible to any recourse. They impose themselves on all the public powers as well as on the administrative and jurisdictional authorities.
CHAPTER III. Of the Supreme Court
Article 121
The Supreme Court sees to the regular functioning of the jurisdictions of the judicial, administrative and financial order.
It includes:
####
the Court of Cassation;
the Council of the State;
the Court of Accounts.
the Court of Cassation;
the Council of the State;
the Court of Accounts.
Article 122
The First President and the Procurator General of the Supreme Court are the heads of this high jurisdiction.
They are respectively appointed by decree taken in the Council of Ministers in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest within the highest degree of the Magistrates respectively of the judicial, administrative and financial orders.
Article 123
The First President of the Supreme Court is seconded by three Vice-Presidents, assigned respectively to the presidency of the Court of Cassation, of the Council of the State and of the Court of Accounts.
Each Vice-President is appointed in the Council of Ministers by decree of the President of the Republic in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest within the highest degree of the Magistrates respectively of the judicial, administrative and financial orders.
Article 124
The Office of General Prosecution of the Supreme Court includes:
####
an Office of General Prosecution of the Court of Cassation;
a General Commissariat of the law for the Council of the State;
a General Commissariat of the Public Treasury for the Court of Accounts.
an Office of General Prosecution of the Court of Cassation;
a General Commissariat of the law for the Council of the State;
a General Commissariat of the Public Treasury for the Court of Accounts.
The Office of General Prosecution of the Supreme Court is seconded by the three heads of these Offices of General Prosecution.
The head of the Office of General Prosecution of the Court of Cassation, of the General Commissariat of the law and of the General Commissariat of the Public Treasury are appointed in the Council of Ministers in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest Magistrates within the highest degree respectively of the judicial, administrative and financial orders.
Article 125
In addition to the attributions that are devolved to it by the particular laws, the Supreme Court rules on the conflicts of competence between two jurisdictions of different order.
Article 126
The Court of Cassation sees to the application of the law by the jurisdictions of the judicial order.
In addition to the competences that are recognized to it by particular laws, it decides on the petitions in cassation formed against the decisions rendered in last resort by these jurisdictions.
Article 127
Without prejudice to special competences specified by the law, the Council of the State controls the regularity of the acts of the Administration and sees to the application of the law by the jurisdictions of the administrative order.
The Council of the State, within the conditions established by an organic law:
####
judges the recourses in annulment of the acts of the central administrative authorities, the recourses of full jurisdiction for the damaging acts caused by the activities of the Administration, and the contentious claims in fiscal matters;
takes cognizance, in appeal, of the control of the legality of the acts of the authorities of the Decentralized Territorial Collectivities;
decides, in appeal or in cassation, on the decisions rendered by the administrative tribunals or the specialized administrative jurisdictions.
judges the recourses in annulment of the acts of the central administrative authorities, the recourses of full jurisdiction for the damaging </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010' (Chunk 4)? [/INST] contentious claims in fiscal matters;
takes cognizance, in appeal, of the control of the legality of the acts of the authorities of the Decentralized Territorial Collectivities;
decides, in appeal or in cassation, on the decisions rendered by the administrative tribunals or the specialized administrative jurisdictions.
judges the recourses in annulment of the acts of the central administrative authorities, the recourses of full jurisdiction for the damaging acts caused by the activities of the Administration, and the contentious claims in fiscal matters;
takes cognizance, in appeal, of the control of the legality of the acts of the authorities of the Decentralized Territorial Collectivities;
decides, in appeal or in cassation, on the decisions rendered by the administrative tribunals or the specialized administrative jurisdictions.
It is the judge of certain electoral disputes.
It can be consulted by the Prime Minister and by the members of the government to give its opinion on the bills of legislative, or regulatory texts or on the interpretation of a legislative, or regulatory provision.
It can proceed, at the demand of the Prime Minister, to studies on the texts of laws, on the organization, on the functioning, and on the missions of the public services.
Article 128
The Court of Accounts:
####
judges the accounts of the public accountants;
controls the execution of the laws of finance and of the budgets of the public organs;
controls the accounts and the administration of the public enterprises;
decides, in appeal, on the judgments rendered in financial matters by the jurisdictions or the administrative organs of a jurisdictional character;
assists the Parliament and the Government in the control of the execution of the laws of finance.
judges the accounts of the public accountants;
controls the execution of the laws of finance and of the budgets of the public organs;
controls the accounts and the administration of the public enterprises;
decides, in appeal, on the judgments rendered in financial matters by the jurisdictions or the administrative organs of a jurisdictional character;
assists the Parliament and the Government in the control of the execution of the laws of finance.
Article 129
The Supreme Court addresses an annual report of its activities to the President of the Republic, to the Prime Minister, to the Presidents of the two Assemblies and to the Minister responsible for Justice and to the Superior Council of the Magistrature.
This report must be published in the Journal Officiel in the year that follows the closure of the judicial year concerned.
Article 130
The First President, and the Procurator General of the Courts of Appeal are appointed in the Council of Ministers by decree of the President of the Republic in accordance with the proposals of the Superior Council of the Magistrature, preferably from among the oldest within the highest grade of the Magistrates respectively of the judicial, administrative and financial orders.
CHAPTER IV. Of the High Court of Justice
Article 131
The President of the Republic is only responsible for the acts accomplished and connected with the exercise of his functions in the case of high treason, of grave violation of, or of repeated violations of the Constitution, or of breach of his duties manifestly incompatible with the exercise of his mandate.
He may only be impeached by the National Assembly in a public ballot and with a majority of two-thirds of its members.
He is justiciable before the High Court of Justice. The impeachment may end in the forfeiture of his mandate.
Article 132
If the forfeiture of the President of the Republic is pronounced, the High Constitutional Court declares the vacancy of the Presidency of the Republic; it will then proceed to the election of a new President within the conditions of Article 47 above. The President declared in forfeiture is no longer eligible to any elective public function.
Article 133
The Presidents of the Parliamentary Assemblies, the Prime Minister, the other members of the Government and the President of the High Constitutional Court are penally responsible, before the High Court of Justice, for the acts accomplished and connected with the exercise of their functions, for acts qualified as crimes or misdemeanors at the time when they were committed.
They can be impeached by the National Assembly deciding in public ballot by an absolute majority of its members.
The initiative of the prosecution emanates from the Procurator General of the Supreme Court.
Article 134
The Presidents of the Parliamentary Assemblies, the Prime Minister, the other members of the Government and the President of the High Constitutional Court are judiciable by the jurisdictions of common law for the infractions committed outside of the exercise of their functions.
The initiative of the prosecutions emanates from the Procurator General before the Court of Cassation.
In this case, when there is misdemeanor, the competent correctional jurisdiction is presided over by the President of the tribunal or by a Vice-President if he </s> |
<s>[INST] What is TITLE III. OF THE ORGANIZATION OF THE STATE SUB-TITLE IV. OF THE JURISDICTIONAL MATTERS of the constitution 'Madagascar 2010' (Chunk 5)? [/INST] of the Parliamentary Assemblies, the Prime Minister, the other members of the Government and the President of the High Constitutional Court are judiciable by the jurisdictions of common law for the infractions committed outside of the exercise of their functions.
The initiative of the prosecutions emanates from the Procurator General before the Court of Cassation.
In this case, when there is misdemeanor, the competent correctional jurisdiction is presided over by the President of the tribunal or by a Vice-President if he is prevented.
The provisions of the three preceding paragraphs are equally applicable to the Deputies, to the Senators and to the members of the High Constitutional Court.
Article 135
The High Court of Justice enjoys the plenitude of jurisdiction.
Article 136
The High Court of Justice is composed of eleven members of which:
####
the First President of the Supreme Court, President, substituted as of plain right, in the case of impediment, by the President of the Court of Cassation;
two Presidents of Chamber of the Court of Cassation, and two substitutes, proposed by the General Assembly of that Court;
two first Presidents of Court of Appeal, and two substitutes, proposed by the First President of the Supreme Court;
two titular Deputies and two substitute Deputies elected at the beginning of the legislature by the National Assembly;
two titular Senators and two substitute Senators, elected at the beginning of the legislature by the Senate;
two titular members and two substitute members from the High Council for the Defense of Democracy and the State of law.
the First President of the Supreme Court, President, substituted as of plain right, in the case of impediment, by the President of the Court of Cassation;
two Presidents of Chamber of the Court of Cassation, and two substitutes, proposed by the General Assembly of that Court;
two first Presidents of Court of Appeal, and two substitutes, proposed by the First President of the Supreme Court;
two titular Deputies and two substitute Deputies elected at the beginning of the legislature by the National Assembly;
two titular Senators and two substitute Senators, elected at the beginning of the legislature by the Senate;
two titular members and two substitute members from the High Council for the Defense of Democracy and the State of law.
The Public Ministry is represented by the Procurator General of the Supreme Court assisted by one or more members of his Office of General Prosecution. In the case of impediment of the Procurator General, he is substituted by the Procurator General of the Court of Cassation.
The head clerk of the Supreme Court is, of right, clerk of the High Court of Justice. He holds the pen. In the case of impediment, he is replaced by the head clerk of the Court of Cassation.
The organization and the procedure to follow before the High Court of Justice are established by an organic law. </s> |
<s>[INST] What is TITLE IV. OF THE INTERNATIONAL TREATIES AND AGREEMENTS Article 137 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] The President of the Republic negotiates and ratifies the treaties. He is informed of any negotiations tending to the conclusion of an international agreement not submitted to ratification.
The ratification or the approval of the treaties of alliance, of the treaties of commerce, of the treaties or agreements relative to international organization, of those that engage the finances of the State including foreign loans, and of those that modify the provisions of a legislative nature, of those that are relative to the status of persons, of the treaties of peace, and of those that include modifications of the territory, must be authorized by the law.
Before any ratification, the treaties are submitted by the President of the Republic, to the control of constitutionality of the High Constitutional Court. In the case of non-conformity with the Constitution, there may not be ratification until after revision of it.
The treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of the laws, under reserve, for each agreement or treaty, of its application by the other party.
Any treaty of affiliation of Madagascar to an organization of regional integration must be submitted to a popular consultation by way of referendum. </s> |
<s>[INST] What is TITLE IV. OF THE INTERNATIONAL TREATIES AND AGREEMENTS Article 138 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] The Prime Minister negotiates and signs the international agreements not submitted to ratification. </s> |
<s>[INST] How many chunks are in TITLE V. OF THE TERRITORIAL ORGANIZATION OF THE STATE SUB-TITLE I. OF THE GENERAL PROVISIONS of the constitution 'Madagascar 2010'? [/INST] 2 </s> |
<s>[INST] What is TITLE V. OF THE TERRITORIAL ORGANIZATION OF THE STATE SUB-TITLE I. OF THE GENERAL PROVISIONS of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] Article 139
The Decentralized Territorial Collectivities, endowed with juridical personality and with administrative and financial autonomy, constitute the institutional framework for the effective participation of the citizens in the administration of public affairs and guarantee the expression of their diversities and of their specificities.
They possess a patrimony including a public domain and a private domain that are delimited by the law.
Lands vacant and without owner are part of the domain of the State.
Article 140
The Decentralized Territorial Collectivities are provided with a regulatory power.
The State sees to it that the regulation of one Decentralized Territorial Collectivity does not affect the interests of another Decentralized Territorial Collectivity.
The State sees to the harmonious development of all the Decentralized Territorial Collectivities on the basis of national solidarity, of regional potentialities and of the inter-regional equilibrium by provisions of adjustment.
Special measures will be taken in favor of the development of the least advanced zones, including the constitution of a special fund of solidarity.
Article 141
The Decentralized Territorial Collectivities assure with the participation of the State, notably, public security, civil defense, the administration, the territorial development, the economic development, the preservation of the environment and the amelioration of the framework of life.
In these domains, the law determines the division of the competences in consideration of the national interests and of the local interests.
Article 142
The Decentralized Territorial Collectivities enjoy financial autonomy.
They prepare and administer their budget according to the principles applicable in the matter of the administration of the public finances.
The budgets of the Decentralized Territorial Collectivities benefit from the resources of diverse natures.
Article 143
The Decentralized Territorial Collectivities of the Republic are the Communes, the Regions and the Provinces.
The creation and the delimitation of the Decentralized Territorial Collectivities must respond to the criteria of geographic, economic, social and cultural homogeneity. They are decided by the law.
Article 144
The Decentralized Territorial Collectivities freely administer themselves through assemblies that govern, through their deliberations, the affairs devolved to their competence by this Constitution and by the law.
These deliberations may not be contrary to the constitutional, legislative, and regulatory provisions.
Article 145
The representation of the State before the Decentralized Territorial Collectivities is governed by the law.
Article 146
The State engages itself to implement the following measures:
####
division of the competences between the State and the Decentralized Territorial Collectivities;
division of the resources between the State and the Decentralized Territorial Collectivities;
division of the public services between the State and the Decentralized Territorial Collectivities.
division of the competences between the State and the Decentralized Territorial Collectivities;
division of the resources between the State and the Decentralized Territorial Collectivities;
division of the public services between the State and the Decentralized Territorial Collectivities.
Article 147
The resources of a Decentralized Territorial Collectivity include notably:
####
the product of the taxes and assessments voted by its Council and directly received in favor of the budget of the Decentralized Territorial Collectivity; the law determines the nature and the maximum rate of those taxes and assessments taking duly into account the charges assumed by the Decentralized Territorial Collectivities and the global fiscal charge imposed on the Nation;
the part that reverts to it by law on the product of the taxes and assessments received in favor of the budget of the State; that part that is automatically deducted at the moment of the collection, is determined by the law according to a percentage that takes into account the charges assumed globally and individually by the Decentralized Territorial Collectivities and to assure a balanced economic and social development between all the Decentralized Territorial Collectivities on the whole of the national territory;
The product of the subsidies, allocated or non- allocated, consented by the budget of the State to all or each one of the Decentralized Territorial Collectivities to take into account their particular situation, or to compensate, for those Decentralized Territorial Collectivities, for the charges caused by the programs or projects decided by the State and implemented by the Decentralized Territorial Collectivities;
The product of non-refundable external aid and the product of donations to the Decentralized Territorial Collectivities;
the revenues from their patrimony;
the loans of which the conditions of subscription are established by the law.
the product of the taxes and assessments voted by its Council and directly received in favor of the budget of the Decentralized Territ </s> |
<s>[INST] What is TITLE V. OF THE TERRITORIAL ORGANIZATION OF THE STATE SUB-TITLE I. OF THE GENERAL PROVISIONS of the constitution 'Madagascar 2010' (Chunk 2)? [/INST] State and implemented by the Decentralized Territorial Collectivities;
The product of non-refundable external aid and the product of donations to the Decentralized Territorial Collectivities;
the revenues from their patrimony;
the loans of which the conditions of subscription are established by the law.
the product of the taxes and assessments voted by its Council and directly received in favor of the budget of the Decentralized Territorial Collectivity; the law determines the nature and the maximum rate of those taxes and assessments taking duly into account the charges assumed by the Decentralized Territorial Collectivities and the global fiscal charge imposed on the Nation;
the part that reverts to it by law on the product of the taxes and assessments received in favor of the budget of the State; that part that is automatically deducted at the moment of the collection, is determined by the law according to a percentage that takes into account the charges assumed globally and individually by the Decentralized Territorial Collectivities and to assure a balanced economic and social development between all the Decentralized Territorial Collectivities on the whole of the national territory;
The product of the subsidies, allocated or non- allocated, consented by the budget of the State to all or each one of the Decentralized Territorial Collectivities to take into account their particular situation, or to compensate, for those Decentralized Territorial Collectivities, for the charges caused by the programs or projects decided by the State and implemented by the Decentralized Territorial Collectivities;
The product of non-refundable external aid and the product of donations to the Decentralized Territorial Collectivities;
the revenues from their patrimony;
the loans of which the conditions of subscription are established by the law. </s> |
<s>[INST] What is TITLE V. OF THE TERRITORIAL ORGANIZATION OF THE STATE SUB-TITLE II. OF THE STRUCTURES of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] CHAPTER I. Of the Communes
Article 148
The Communes constitute the basic Decentralized Territorial Collectivities.
The Communes are urban or rural considering their demographic basis reduced or not to an urbanized agglomeration.
Article 149
The Communes participate in the economic, social, cultural and environmental development of their territorial resort. Their competences take into account essentially the constitutional and legal principles as well as the principle of proximity, of promotion and of defense of the interests of the inhabitants.
Article 150
The Communes may constitute themselves in groups for the realization of projects of common development.
Article 151
In the Communes, the executive and deliberative functions are exercised by distinct organs and elected by universal direct suffrage.
The law establishes the composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members.
Article 152
The Fokonolona, organized in fokontany within the Communes, is the basis of the development and of the environmental and socio-cultural cohesion.
The responsible persons of the fokontany participate in the elaboration of the program of development of their Commune.
CHAPTER II. Of the Regions
Article 153
The Regions have an essentially economic and social vocation.
In collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of all their territorial resort and assure the planning, the territorial development and the implementation of all the actions of development.
Article 154
The executive function is exercised by an organ directed by the Head of Region elected by universal suffrage.
The Head of Region is primarily responsible for strategy and implementation of all actions of economic and social development of the region.
He is the Head of the Administration of his Region.
Article 155
The deliberative function is exercised by the Regional Council, of which members are elected by universal suffrage.
The Deputies and the Senators from different circumscriptions of the Region are members by right of the Regional Council, with deliberative voice.
Article 156
The composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members, are established by the law.
CHAPTER III. Of the Provinces
Article 157
The Provinces are Decentralized Territorial Collectivities endowed with juridical personality, and with administrative and financial autonomy.
They assure the coordination and the harmonization of the actions of the development of provincial interest and see to the equitable and harmonious development of the Decentralized Territorial Collectivities in the Province.
The Provinces implement the policy of the development of provincial interest defined and ordered in the Provincial Council.
In collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of the whole Province and assure, as such, the planning, the territorial development and the implementation of all the actions of development.
Article 158
The executive function is exercised by an organ directed by the Head of Province elected by universal suffrage.
The Head of Province is the first person responsible for the strategy and the implementation of all actions of the economic and social development of his Province.
He is the Head of the Administration of the Province.
Article 159
The deliberative function is exercised by the Provincial Council whose members are elected by universal suffrage.
The Deputies and the Senators from different circumscriptions of the Province are members by right of the Provincial Council, with deliberative voice.
Article 160
The composition, the organization, the attributions and the functioning of the executive and deliberative organs, as well as the mode and the conditions for the election of their members, are established by the law. </s> |
<s>[INST] What is TITLE VI. OF THE REVISION OF THE CONSTITUTION Article 161 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] No revision of the Constitution may be initiated, except in the case of necessity judged imperious. </s> |
<s>[INST] What is TITLE VI. OF THE REVISION OF THE CONSTITUTION Article 162 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] The initiative of the revision, in the case of necessity judged imperious, belongs either to the President of the Republic who decides in the Council of Ministers, or to the Parliamentary Assemblies deciding by a separate vote by a majority of two-thirds of the members.
The bill or proposal of revision must be approved by three-fourths of the members of the National Assembly and of the Senate.
The bill or proposal of revision so approved is submitted to referendum. </s> |
<s>[INST] What is TITLE VI. OF THE REVISION OF THE CONSTITUTION Article 163 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] The republican form of the State, the principle of the integrity of the national territory, the principle of the separation of the powers, the principle of autonomy of the Decentralized Territorial Collectivities, the duration and the number of the mandate of the President of the Republic, may not be made the object of revision.
The exceptional powers held by the President of the Republic in the exceptional circumstances or circumstances of political trouble do not confer on him the right of recourse to a constitutional revision. </s> |
<s>[INST] What is TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS Article 164 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] This Constitution will be adopted by referendum. It will enter into force from its promulgation by the President of the High Authority of the Transition, within the ten days following the proclamation of the definitive results of the referendum by the High Constitutional Court. </s> |
<s>[INST] What is TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS Article 165 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] The legislation in force remains applicable in all the provisions non-contrary to this Constitution.
The texts with a legislative character relative to the establishment of the institutions and organs, as well as the other laws of application specified by this Constitution will be taken by way of ordinance. </s> |
<s>[INST] What is TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS Article 166 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] Until the progressive establishment of the institutions specified by this Constitution, the Institutions and the organs specified for the period of the Transition continue to exercise their functions.
The Superior Council of the Transition and the Congress of the Transition cease their functions from the election of the Bureau of the new National Assembly.
While waiting for the establishment of the Senate, the National Assembly has the plenitude of the legislative power.
Until the investiture of the new President of the Republic, the current President of the High Authority of the Transition continues to exercise the functions of Head of the State.
In the case of vacancy of the Presidency, for any cause whatsoever, the functions of Head of State are exercised jointly by the Prime Minister, the President of the Superior Council of the Transition, and by the President of the Congress. </s> |
<s>[INST] What is TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS Article 167 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] In order to respect the constitutional prescription, the President of the Republic, within a time period of 12 months counting from his investiture, invites the competent Instances to designate the members who will compose the High Court of Justice in order to proceed from the expiration of that time period to the installation of the High Court of Justice. Any party justifying an interest may refer the matter to the competent institutions by demand for sanction in the case of deficiency.
As for that which concerns the President of the Republic, exceptionally, the competent Instance is the High Constitutional Court which will be authorized to take the sanctions that might have been taken by the High Court of Justice if it were installed. </s> |
<s>[INST] What is TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS Article 168 of the constitution 'Madagascar 2010' (Chunk 1)? [/INST] Within the framework of the process of national reconciliation, a Council of the Malagasy Fampihavanana whose composition, attributions, and modalities of functioning are determined by the law, is instituted. </s> |
<s>[INST] What is Preamble of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] THE PEOPLE OF MALAWI—
####
recognizing the sanctity of human life and the unity of all mankind;
guided by their private consciences and collective wisdom;
seeking to guarantee the welfare and development of all the people of Malawi, national harmony and peaceful international relations;
desirous of creating a constitutional order in the Republic of Malawi based on the need for an open, democratic and accountable government:
recognizing the sanctity of human life and the unity of all mankind;
guided by their private consciences and collective wisdom;
seeking to guarantee the welfare and development of all the people of Malawi, national harmony and peaceful international relations;
desirous of creating a constitutional order in the Republic of Malawi based on the need for an open, democratic and accountable government:
HEREBY adopt the following as the Constitution of the Republic of Malawi. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 1. Malawi a sovereign state of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The Republic of Malawi is a sovereign State with rights and obligations under the Law of Nations. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 2. The national flag, etc of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Malawi shall have a National Flag, a National Coat of Arms, a National Anthem and a Public Seal. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 3. The national territory of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The national territory of the Republic of Malawi shall consist of all the territory, including airspace, waters and islands which comprised the territory of Malawi before the commencement of this Constitution, and shall include any territory lawfully acquired thereafter by adjustment of boundaries or otherwise. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 4. Protection of the people of Malawi under this constitution of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] This Constitution shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples of Malawi are entitled to the equal protection of this Constitution, and laws made under it. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 5. Supremacy of this Constitution of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 6. Authority to govern, universal and equal suffrage of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Save as otherwise provided in this Constitution, the authority to govern derives from the people of Malawi as expressed through universal and equal suffrage in elections held in accordance with this Constitution in a manner prescribed by an Act of Parliament. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 7. The separate status, function and duty of the executive of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The executive shall be responsible for the initiation of policies and legislation and for the implementation of all laws which embody the express wishes of the people of Malawi and which promote the principles of this Constitution. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 8. The separate status, function and duty of the legislature of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The legislature shall be responsible for the enactment of laws and shall ensure that its deliberations reflect the interests of all the people of Malawi and that the values expressed or implied in this Constitution are furthered by the laws enacted. </s> |
<s>[INST] What is CHAPTER I. THE REPUBLIC OF MALAWI 9. The separate status, function and duty of the judiciary of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The judiciary shall have the responsibility of interpreting, protecting and enforcing this Constitution and all laws and in accordance with this Constitution in an independent and impartial manner with regard only to legally relevant facts and the prescriptions of law. </s> |
<s>[INST] What is CHAPTER II. APPLICATION AND INTERPRETATION 10. Application of this Constitution of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution.
In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution. </s> |
<s>[INST] What is CHAPTER II. APPLICATION AND INTERPRETATION 11. Interpretation of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Appropriate principles of interpretation of this Constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this Constitution.
In interpreting the provisions of this Constitution a court of law shall—
promote the values which underlie an open and democratic society;
take full account of the provisions of Chapter III and Chapter IV; and
where applicable, have regard to current norms of public international law and comparable foreign case law.
Where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this Constitution.
Any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid.
Appropriate principles of interpretation of this Constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this Constitution.
In interpreting the provisions of this Constitution a court of law shall—
####
promote the values which underlie an open and democratic society;
take full account of the provisions of Chapter III and Chapter IV; and
where applicable, have regard to current norms of public international law and comparable foreign case law.
promote the values which underlie an open and democratic society;
take full account of the provisions of Chapter III and Chapter IV; and
where applicable, have regard to current norms of public international law and comparable foreign case law.
Where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this Constitution.
Any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid. </s> |
<s>[INST] What is CHAPTER III. FUNDAMENTAL PRINCIPLES 12. Constitutional principles of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
This Constitution is founded upon the following underlying principles—
all legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests;
all persons responsible for the exercise of powers of State do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi;
the authority to exercise power of State is conditional upon the sustained trust of the people of Malawi and that trust can only be maintained through open, accountable and transparent Government and informed democratic choice;
the inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote;
as all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society; and
all institutions and persons shall observe and uphold this Constitution and the rule of law and no institution or person shall stand above the law.
Every individual shall have duties towards other individuals, his or her family and society, the State and other legally recognized communities and the international community and these duties shall include the duty to respect his or her fellow beings without discrimination and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance; and in recognition of these duties, individual rights and freedoms shall be exercised with due regard for the rights of others, collective security, morality and the common interest.
This Constitution is founded upon the following underlying principles—
####
all legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests;
all persons responsible for the exercise of powers of State do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi;
the authority to exercise power of State is conditional upon the sustained trust of the people of Malawi and that trust can only be maintained through open, accountable and transparent Government and informed democratic choice;
the inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote;
as all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society; and
all institutions and persons shall observe and uphold this Constitution and the rule of law and no institution or person shall stand above the law.
all legal and political authority of the State derives from the people of Malawi and shall be exercised in accordance with this Constitution solely to serve and protect their interests;
all persons responsible for the exercise of powers of State do so on trust and shall only exercise such power to the extent of their lawful authority and in accordance with their responsibilities to the people of Malawi;
the authority to exercise power of State is conditional upon the sustained trust of the people of Malawi and that trust can only be maintained through open, accountable and transparent Government and informed democratic choice;
the inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote;
as all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society; and
all institutions and persons shall observe and uphold this Constitution and the rule of law and no institution or person shall stand above the law.
Every individual shall have duties towards other individuals, his or her family and society, the State and other legally recognized communities and the international community and these duties shall include the duty to respect his or her fellow beings without discrimination and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance; and in recognition of these duties, individual rights and freedoms shall be exercised with due regard for the rights of others, collective security, morality and the common interest. </s> |
<s>[INST] How many chunks are in CHAPTER III. FUNDAMENTAL PRINCIPLES 13. Principles of national policy of the constitution 'Malawi 1994 (rev. 2017)'? [/INST] 2 </s> |
<s>[INST] What is CHAPTER III. FUNDAMENTAL PRINCIPLES 13. Principles of national policy of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
####
To obtain gender equality through—
full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
the implementation of the principles of nondiscrimination and such other measures as may be required; and
the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
To achieve adequate nutrition for all in order to promote good health and self-sufficiency.
To provide adequate health care, commensurate with the health needs of Malawian society and international standards of health care.
To manage the environment responsibly in order to—
prevent the degradation of the environment;
provide a healthy living and working environment for the people of Malawi;
accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
conserve and enhance the biological diversity of Malawi.
To enhance the quality of life in rural communities and to recognize rural standards of living as a key indicator of the success of Government policies.
To provide adequate resources to the education sector and devise programmes in order to—
eliminate illiteracy in Malawi;
make primary education compulsory and free to all citizens of Malawi;
offer greater access to higher learning and continuing education; and
promote national goals such as unity and the elimination of political, religious, racial and ethnic intolerance.
To enhance the dignity and quality of life of persons with disabilities by providing—
adequate and suitable access to public places;
fair opportunities in employment; and
the fullest possible participation in all spheres of Malawian society.
To encourage and promote conditions conducive to the full development of healthy, productive and responsible members of society.
To recognize and protect the family as a fundamental and vital social unit.
To respect and support the elderly through the provision of community services and to encourage participation in the life of the community.
To govern in accordance with the law of nations and the rule of law and actively support the further development thereof in regional and international affairs.
To strive to adopt mechanisms by which differences are settled through negotiation, good offices, mediation, conciliation and arbitration.
To promote law and order and respect for society through civic education, by honest practices in Government, adequate resourcing, and the humane application and enforcement of laws and policing standards.
To achieve a sensible balance between the creation and distribution of wealth through the nurturing of a market economy and long-term investment in health, education, economic and social development programmes.
To introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and visibility will strengthen confidence in public institutions.
To obtain gender equality through—
####
full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
the implementation of the principles of nondiscrimination and such other measures as may be required; and
the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
the implementation of the principles of nondiscrimination and such other measures as may be required; and
the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
To achieve adequate nutrition for all in order to promote good health and self-sufficiency.
To provide adequate health care, commensurate with the health needs of Malawian society and international standards of health care.
To manage the environment responsibly in order to—
####
prevent the degradation of the environment;
provide a healthy living and working environment for the people of Malawi;
accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
conserve and enhance the biological diversity of Malawi.
prevent the degradation of the environment;
provide a healthy living and working environment for the people of Malawi;
accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
conserve and enhance the biological diversity of Malawi.
To enhance the quality of life in rural communities and to recognize rural standards of living as a key indicator of </s> |
<s>[INST] What is CHAPTER III. FUNDAMENTAL PRINCIPLES 13. Principles of national policy of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 2)? [/INST]
conserve and enhance the biological diversity of Malawi.
prevent the degradation of the environment;
provide a healthy living and working environment for the people of Malawi;
accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
conserve and enhance the biological diversity of Malawi.
To enhance the quality of life in rural communities and to recognize rural standards of living as a key indicator of the success of Government policies.
To provide adequate resources to the education sector and devise programmes in order to—
####
eliminate illiteracy in Malawi;
make primary education compulsory and free to all citizens of Malawi;
offer greater access to higher learning and continuing education; and
promote national goals such as unity and the elimination of political, religious, racial and ethnic intolerance.
eliminate illiteracy in Malawi;
make primary education compulsory and free to all citizens of Malawi;
offer greater access to higher learning and continuing education; and
promote national goals such as unity and the elimination of political, religious, racial and ethnic intolerance.
To enhance the dignity and quality of life of persons with disabilities by providing—
####
adequate and suitable access to public places;
fair opportunities in employment; and
the fullest possible participation in all spheres of Malawian society.
adequate and suitable access to public places;
fair opportunities in employment; and
the fullest possible participation in all spheres of Malawian society.
To encourage and promote conditions conducive to the full development of healthy, productive and responsible members of society.
To recognize and protect the family as a fundamental and vital social unit.
To respect and support the elderly through the provision of community services and to encourage participation in the life of the community.
To govern in accordance with the law of nations and the rule of law and actively support the further development thereof in regional and international affairs.
To strive to adopt mechanisms by which differences are settled through negotiation, good offices, mediation, conciliation and arbitration.
To promote law and order and respect for society through civic education, by honest practices in Government, adequate resourcing, and the humane application and enforcement of laws and policing standards.
To achieve a sensible balance between the creation and distribution of wealth through the nurturing of a market economy and long-term investment in health, education, economic and social development programmes.
To introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and visibility will strengthen confidence in public institutions. </s> |
<s>[INST] What is CHAPTER III. FUNDAMENTAL PRINCIPLES 14. Application of the principles of national policy of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The principles of national policy contained in this Chapter shall be directory in nature but courts shall be entitled to have regard to them in interpreting and applying any of the provisions of this Constitution or of any law or in determining the validity of decisions of the executive and in the interpretation of the provisions of this Constitution. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 15. Protection of human rights and freedoms of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
The human rights and freedoms enshrined in this Chapter shall be respected and upheld by the executive, legislature, judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Malawi and shall be enforceable in the manner prescribed in this Chapter.
Any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this Chapter shall be entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of the Government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights.
The human rights and freedoms enshrined in this Chapter shall be respected and upheld by the executive, legislature, judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Malawi and shall be enforceable in the manner prescribed in this Chapter.
Any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this Chapter shall be entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of the Government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 16. The right to life of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person has the right to life and no person shall be arbitrarily deprived of his or her life:
Provided that the execution of the death sentence imposed by a competent court on a person in respect of a criminal offence under the laws of Malawi of which he or she has been convicted shall not be regarded as arbitrary deprivation of his or her right to life. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 17. Genocide of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Acts of genocide are prohibited and shall be prevented and punished. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 18. Liberty of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person has the right to personal liberty. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 19. Human dignity and personal freedoms of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
The dignity of all persons shall be inviolable.
In any judicial proceedings or in any other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.
No person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment.
No person shall be subject to corporal punishment in connexion with any judicial proceedings or in any other proceedings before any organ of the State.
No person shall be subjected to medical or scientific experimentation without his or her consent.
Subject to this Constitution, every person shall have the right to freedom and security of person, which shall include the right not to be—
detained without trial;
detained solely by reason of his or her political or other opinions; or
imprisoned for inability to fulfill contractual obligations.
The dignity of all persons shall be inviolable.
In any judicial proceedings or in any other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.
No person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment.
No person shall be subject to corporal punishment in connexion with any judicial proceedings or in any other proceedings before any organ of the State.
No person shall be subjected to medical or scientific experimentation without his or her consent.
Subject to this Constitution, every person shall have the right to freedom and security of person, which shall include the right not to be—
####
detained without trial;
detained solely by reason of his or her political or other opinions; or
imprisoned for inability to fulfill contractual obligations.
detained without trial;
detained solely by reason of his or her political or other opinions; or
imprisoned for inability to fulfill contractual obligations. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 20. Equality of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition.
Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts.
Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition.
Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 21. Privacy of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to personal privacy, which shall include the right not to be subject to—
####
searches of his or her person, home or property;
the seizure of private possessions; or
interference with private communications, including mail and all forms of telecommunications.
searches of his or her person, home or property;
the seizure of private possessions; or
interference with private communications, including mail and all forms of telecommunications. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 22. Family and marriage of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
All men and women have the right to marry and found a family.
No person shall be forced to enter into marriage.
Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
No person over the age of eighteen years shall be prevented from entering into marriage.
[Repealed by Act No. 17 of 2015]
[Repealed by Act No. 17 of 2015]
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
All men and women have the right to marry and found a family.
No person shall be forced to enter into marriage.
Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
No person over the age of eighteen years shall be prevented from entering into marriage.
[Repealed by Act No. 17 of 2015]
[Repealed by Act No. 17 of 2015] </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 23. Rights of children of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law, and the best interests and welfare of children shall be a primary consideration in all decisions affecting them.
All children shall have the right to a given name and a family name and the right to a nationality.
Children have the right to know, and to be raised by, their parents.
All children shall be entitled to reasonable maintenance from their parents, whether such parents are married, unmarried or divorced, and from their guardians; and, in addition, all children, and particularly orphans, children with disabilities and other children in situations of disadvantage shall be entitled to live in safety and security and, where appropriate, to State assistance.
Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to—
be hazardous;
interfere with their education; or
be harmful to their health or to their physical, mental or spiritual or social development.
A child shall be a person under the age of eighteen years.
All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law, and the best interests and welfare of children shall be a primary consideration in all decisions affecting them.
All children shall have the right to a given name and a family name and the right to a nationality.
Children have the right to know, and to be raised by, their parents.
All children shall be entitled to reasonable maintenance from their parents, whether such parents are married, unmarried or divorced, and from their guardians; and, in addition, all children, and particularly orphans, children with disabilities and other children in situations of disadvantage shall be entitled to live in safety and security and, where appropriate, to State assistance.
Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to—
####
be hazardous;
interfere with their education; or
be harmful to their health or to their physical, mental or spiritual or social development.
be hazardous;
interfere with their education; or
be harmful to their health or to their physical, mental or spiritual or social development.
A child shall be a person under the age of eighteen years. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 24. Rights of women of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right—
to be accorded the same rights as men in civil law, including equal capacity—
to enter into contracts;
to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
to acquire and retain citizenship and nationality.
on the dissolution of marriage, howsoever entered into—
to a fair disposition of property that is held jointly with a husband; and
to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
sexual abuse, harassment and violence;
discrimination in work, business and public affairs; and
deprivation of property, including property obtained by inheritance.
Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right—
####
to be accorded the same rights as men in civil law, including equal capacity—
to enter into contracts;
to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
to acquire and retain citizenship and nationality.
on the dissolution of marriage, howsoever entered into—
to a fair disposition of property that is held jointly with a husband; and
to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
to be accorded the same rights as men in civil law, including equal capacity—
####
to enter into contracts;
to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
to acquire and retain citizenship and nationality.
to enter into contracts;
to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
to acquire and retain citizenship and nationality.
on the dissolution of marriage, howsoever entered into—
####
to a fair disposition of property that is held jointly with a husband; and
to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
to a fair disposition of property that is held jointly with a husband; and
to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
####
sexual abuse, harassment and violence;
discrimination in work, business and public affairs; and
deprivation of property, including property obtained by inheritance.
sexual abuse, harassment and violence;
discrimination in work, business and public affairs; and
deprivation of property, including property obtained by inheritance. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 25. Education of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
All persons are entitled to education.
Primary education shall consist of at least five years of education.
Private schools and other private institutions of higher learning shall be permissible, provided that—
such schools or institutions are registered with a State department in accordance with the law;
the standards maintained by such schools or institutions are not inferior to official standards in State schools.
All persons are entitled to education.
Primary education shall consist of at least five years of education.
Private schools and other private institutions of higher learning shall be permissible, provided that—
####
such schools or institutions are registered with a State department in accordance with the law;
the standards maintained by such schools or institutions are not inferior to official standards in State schools.
such schools or institutions are registered with a State department in accordance with the law;
the standards maintained by such schools or institutions are not inferior to official standards in State schools. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 26. Culture and language of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to use the language and to participate in the cultural life of his or her choice. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 27. Slavery, servitude and forced labour of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
No person shall be held in slavery or servitude.
Slavery and the slave trade are prohibited.
No person shall be subject to forced labour.
No person shall be subject to tied labour that amounts to servitude.
No person shall be held in slavery or servitude.
Slavery and the slave trade are prohibited.
No person shall be subject to forced labour.
No person shall be subject to tied labour that amounts to servitude. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 28. Property of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person shall be able to acquire property alone or in association with others.
No person shall be arbitrarily deprived of property.
Every person shall be able to acquire property alone or in association with others.
No person shall be arbitrarily deprived of property. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 29. Economic activity of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right freely to engage in economic activity, to work and to pursue a livelihood anywhere in Malawi. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 30. Right to development of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of this right.
The State shall take all necessary measures for the realization of the right to development. Such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure.
The State shall take measures to introduce reforms aimed at eradicating social injustices and inequalities.
The State has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility.
All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of this right.
The State shall take all necessary measures for the realization of the right to development. Such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure.
The State shall take measures to introduce reforms aimed at eradicating social injustices and inequalities.
The State has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 31. Labour of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person shall have the right to fair and safe labour practices and to fair remuneration.
All persons shall have the right to form and join trade unions or not to form or join trade unions.
Every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on basis of gender, disability or race.
The State shall take measures to ensure the right to withdraw labour.
Every person shall have the right to fair and safe labour practices and to fair remuneration.
All persons shall have the right to form and join trade unions or not to form or join trade unions.
Every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on basis of gender, disability or race.
The State shall take measures to ensure the right to withdraw labour. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 32. Freedom of association of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person shall have the right to freedom of association, which shall include the freedom to form associations.
No person may be compelled to belong to an association.
Every person shall have the right to freedom of association, which shall include the freedom to form associations.
No person may be compelled to belong to an association. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 33. Freedom of conscience of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 34. Freedom of opinion of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to freedom of opinion, including the right to hold, receive and impart opinions without interference. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 35. Freedom of expression of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to freedom of expression. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 36. Freedom of the press of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] The press shall have the right to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 37. Acess to information of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right of access to all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his or her rights. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 38. Freedom of Assembly of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to assemble and demonstrate with others peacefully and unarmed. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 39. Freedom of movement and residence of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person shall have the right of freedom of movement and residence within the borders of Malawi.
Every person shall have the right to leave the Republic and to return to it.
Every person shall have the right of freedom of movement and residence within the borders of Malawi.
Every person shall have the right to leave the Republic and to return to it. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 40. Political rights of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Subject to this Constitution, every person shall have the right—
to form, to join, to participate in the activities of, and to recruit members for, a political party;
to campaign for a political party or cause;
to participate in peaceful political activity intended to influence the composition and policies of the Government; and
freely to make political choices.
The State shall, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
Save as otherwise provided in this Constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office.
Subject to this Constitution, every person shall have the right—
####
to form, to join, to participate in the activities of, and to recruit members for, a political party;
to campaign for a political party or cause;
to participate in peaceful political activity intended to influence the composition and policies of the Government; and
freely to make political choices.
to form, to join, to participate in the activities of, and to recruit members for, a political party;
to campaign for a political party or cause;
to participate in peaceful political activity intended to influence the composition and policies of the Government; and
freely to make political choices.
The State shall, provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
Save as otherwise provided in this Constitution, every person shall have the right to vote, to do so in secret and to stand for election for any elective office. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 41. Access to justice and legal remedies of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person shall have a right to recognition as a person before the law.
Every person shall have the right of access to any court of law or any other tribunal with jurisdiction for final settlement of legal issues.
Every person shall have the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him or her by this Constitution or any other law.
Every person shall have a right to recognition as a person before the law.
Every person shall have the right of access to any court of law or any other tribunal with jurisdiction for final settlement of legal issues.
Every person shall have the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him or her by this Constitution or any other law. </s> |
<s>[INST] How many chunks are in CHAPTER IV. HUMAN RIGHTS 42. Arrest, detention and fair trial of the constitution 'Malawi 1994 (rev. 2017)'? [/INST] 4 </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 42. Arrest, detention and fair trial of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person who is detained, including every sentenced prisoner, shall have the right—
to be informed of the reason for his or her detention promptly, and in a language which he or she understands;
to be held under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, adequate nutrition and medical treatment at the expense of the State;
to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State;
to be given the means and opportunity to communicate with, and to be visited by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his or her choice;
to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law; and
to be released if such detention is unlawful.
Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right—
promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;
as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released;
not to be compelled to make a confession or admission which could be used in evidence against him or her;
save in exceptional circumstances, to be segregated from convicted persons and to be subject to separate treatment appropriate to his or her status as an unconvicted person;
to be released from detention, with or without bail unless the interests of justice require otherwise;
as an accused person, to a fair trial, which shall include the right—
to public trial before an independent and impartial court of law within a reasonable time after having been charged;
to be informed with sufficient particularity of the charge;
to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;
to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;
not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal;
to have recourse by way of appeal or review to a higher court than the court of first instance;
to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and
to be sentenced within a reasonable time after conviction;
in addition, if that person is a person under the age of eighteen years, to treatment consistent with the special needs of children, which shall include the right—
not to be sentenced to life imprisonment without possibility of release;
to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public;
to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;
to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;
to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;
to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 42. Arrest, detention and fair trial of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 2)? [/INST] through correspondence and visits;
to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;
to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;
to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and
in addition, if that person is a person with a disability, in recognition of his or her particular vulnerability, to be held, wherever possible, in separate accommodation.
Every person who is detained, including every sentenced prisoner, shall have the right—
####
to be informed of the reason for his or her detention promptly, and in a language which he or she understands;
to be held under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, adequate nutrition and medical treatment at the expense of the State;
to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State;
to be given the means and opportunity to communicate with, and to be visited by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his or her choice;
to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law; and
to be released if such detention is unlawful.
to be informed of the reason for his or her detention promptly, and in a language which he or she understands;
to be held under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, adequate nutrition and medical treatment at the expense of the State;
to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where the interests of justice so require, to be provided with the services of a legal practitioner by the State;
to be given the means and opportunity to communicate with, and to be visited by, his or her spouse, partner, next-of-kin, relative, religious counsellor and a medical practitioner of his or her choice;
to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law; and
to be released if such detention is unlawful.
Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right—
####
promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;
as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released;
not to be compelled to make a confession or admission which could be used in evidence against him or her;
save in exceptional circumstances, to be segregated from convicted persons and to be subject to separate treatment appropriate to his or her status as an unconvicted person;
to be released from detention, with or without bail unless the interests of justice require otherwise;
as an accused person, to a fair trial, which shall include the right—
to public trial before an independent and impartial court of law within a reasonable time after having been charged;
to be informed with sufficient particularity of the charge;
to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;
to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;
not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
not to be prosecuted again for a criminal act or omission of which </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 42. Arrest, detention and fair trial of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 3)? [/INST] in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;
not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal;
to have recourse by way of appeal or review to a higher court than the court of first instance;
to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and
to be sentenced within a reasonable time after conviction;
in addition, if that person is a person under the age of eighteen years, to treatment consistent with the special needs of children, which shall include the right—
not to be sentenced to life imprisonment without possibility of release;
to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public;
to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;
to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;
to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;
to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and
in addition, if that person is a person with a disability, in recognition of his or her particular vulnerability, to be held, wherever possible, in separate accommodation.
promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement;
as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released;
not to be compelled to make a confession or admission which could be used in evidence against him or her;
save in exceptional circumstances, to be segregated from convicted persons and to be subject to separate treatment appropriate to his or her status as an unconvicted person;
to be released from detention, with or without bail unless the interests of justice require otherwise;
as an accused person, to a fair trial, which shall include the right—
####
to public trial before an independent and impartial court of law within a reasonable time after having been charged;
to be informed with sufficient particularity of the charge;
to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;
to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;
not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal;
to have recourse by way of appeal or review to a higher court than the court of first instance;
to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and
to be sentenced within a reasonable time after conviction;
to public trial before an </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 42. Arrest, detention and fair trial of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 4)? [/INST] review proceedings relating to that conviction or acquittal;
to have recourse by way of appeal or review to a higher court than the court of first instance;
to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and
to be sentenced within a reasonable time after conviction;
to public trial before an independent and impartial court of law within a reasonable time after having been charged;
to be informed with sufficient particularity of the charge;
to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial;
to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
to be represented by a legal practitioner of his or her choice or, where it is required in the interests of justice, to be provided with legal representation at the expense of the State, and to be informed of these rights;
not to be convicted of an offence in respect of any act or omission which was not an offence at the time when the act was committed or omitted to be done, and not to be sentenced to a more severe punishment than that which was applicable when the offence was committed;
not to be prosecuted again for a criminal act or omission of which he or she has previously been convicted or acquitted, save upon the order of a superior court in the course of an appeal or review proceedings relating to that conviction or acquittal;
to have recourse by way of appeal or review to a higher court than the court of first instance;
to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands; and
to be sentenced within a reasonable time after conviction;
in addition, if that person is a person under the age of eighteen years, to treatment consistent with the special needs of children, which shall include the right—
####
not to be sentenced to life imprisonment without possibility of release;
to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public;
to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;
to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;
to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;
to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and
not to be sentenced to life imprisonment without possibility of release;
to be imprisoned only as a last resort and for the shortest period of time consistent with justice and protection of the public;
to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;
to be treated in a manner consistent with the promotion of his or her sense of dignity and worth, which reinforces respect for the rights and freedoms of others;
to be treated in a manner which takes into account his or her age and the desirability of promoting his or her reintegration into society to assume a constructive role;
to be dealt with in a form of legal proceedings that reflects the vulnerability of children while fully respecting human rights and legal safeguards; and
in addition, if that person is a person with a disability, in recognition of his or her particular vulnerability, to be held, wherever possible, in separate accommodation. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 43. Administrative justice of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every person shall have the right to—
####
lawful and procedurally fair administrative action, which is justifiable in relation to reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened; and
be furnished with reasons, in writing, for administrative action where his or her rights, freedoms, legitimate expectations or interests are affected.
lawful and procedurally fair administrative action, which is justifiable in relation to reasons given where his or her rights, freedoms, legitimate expectations or interests are affected or threatened; and
be furnished with reasons, in writing, for administrative action where his or her rights, freedoms, legitimate expectations or interests are affected. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 44. Limitations on rights of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
No restrictions or limitations may be placed on the exercise of any rights and freedoms provided for in this Constitution other than those prescribed by law, which are reasonable, recognized by international human rights standards and necessary in an open and democratic society.
Laws prescribing restrictions or limitations shall not negate the essential content of the right or freedom in question, and shall be of general application.
Expropriation of property shall be permissible only when done for public utility and only when there has been adequate notification and appropriate compensation, provided that there shall always be a right to appeal to a court of law.
Wherever it is stated in this Constitution that a person has the right to the services of a legal practitioner or medical practitioner of his or her own choice, that right shall be without limitation, save where the State is obliged to provide such services of a legal practitioner or medical practitioner, in which case an Act of Parliament may prescribe that the choice of the legal practitioner or medical practitioner should be limited to those in Governmentservice or employment.
No restrictions or limitations may be placed on the exercise of any rights and freedoms provided for in this Constitution other than those prescribed by law, which are reasonable, recognized by international human rights standards and necessary in an open and democratic society.
Laws prescribing restrictions or limitations shall not negate the essential content of the right or freedom in question, and shall be of general application.
Expropriation of property shall be permissible only when done for public utility and only when there has been adequate notification and appropriate compensation, provided that there shall always be a right to appeal to a court of law.
Wherever it is stated in this Constitution that a person has the right to the services of a legal practitioner or medical practitioner of his or her own choice, that right shall be without limitation, save where the State is obliged to provide such services of a legal practitioner or medical practitioner, in which case an Act of Parliament may prescribe that the choice of the legal practitioner or medical practitioner should be limited to those in Governmentservice or employment. </s> |
<s>[INST] How many chunks are in CHAPTER IV. HUMAN RIGHTS 45. Derogation and public emergency of the constitution 'Malawi 1994 (rev. 2017)'? [/INST] 3 </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 45. Derogation and public emergency of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
No derogation from rights contained in this Chapter shall be permissible save to the extent provided for by this section and no such derogation shall be made unless there has been a declaration of a state of emergency within the meaning of this section.
There shall be no derogation with regard to—
the right to life;
the prohibition of torture and cruel, inhuman or degrading treatment or punishment;
the prohibition of genocide;
the prohibition of slavery, the slave trade and slave-like practices;
the prohibition of imprisonment for failure to meet contractual obligations;
the prohibition on retrospective criminalization and the retrospective imposition of greater penalties for criminal acts;
the right to equality and recognition before the law;
the right to freedom of conscience, belief, thought and religion and to academic freedom; or
the right to habeas corpus.
The President may declare a state of emergency—
only to the extent that it is provided for in this section;
only with the approval of the Defence and Security Committee of the National Assembly;
only in times of war, threat of war, civil war or widespread natural disaster;
only with regard to the specific location where that emergency exists, and that any declaration of a state of emergency shall be publicly announced; and
only after the state of emergency has been publicly announced.
Derogation from the rights contained in this Chapter, other than the rights listed in subsection (2), shall be permissible during a state of emergency within the meaning of this section and to the extent that—
such derogation is consistent with the obligations of Malawi under international law; and
in the case of—
war or threat of war, it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or
a widespread natural disaster, it is strictly required for the protection and relief of those people and facilities whether in or outside the disaster area.
The declaration of a state of emergency and any action taken in consequence thereof shall be in force for a period of not more than twenty-one days, unless it is extended for a period of not longer than three months, or consecutive periods of not longer than three months at a time, by resolution of the National Assembly adopted by a majority of at least two-thirds of all its members.
The High Court shall be competent to hear applications challenging the validity of a declaration of a state of emergency, any extension thereof, and any action taken, including any regulation enacted, under such declaration.
Where a person is detained under a state of emergency such detention shall be subject to the following conditions—
an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention;
the name of every detainee and a reference to the measures in terms of which he or she is being detained shall be published in the Gazette within five days of his or her detention;
when rights entrenched in section 19 (6) (a) or section 42 (2) (b) have been suspended—
the detention of a person shall, as soon as it is reasonably possible but not later than ten days after his or her detention, be reviewed by a court, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order;
a detainee shall at any stage after the expiry of a period of five days after a review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;
the State shall for the purpose of a review referred to in paragraph (c) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review.
If a court finds the grounds for the detention of a person to be unjustified or illegal it shall order his or her release and that person shall not be detained again on the same grounds unless the State shows good cause to a court prior to such re-detention.
Under no circumstance shall it be possible to suspend this Constitution or any part thereof or dissolve any of its organs, save as is consistent with the provisions of this Constitution.
No derogation from rights contained in this Chapter shall be permissible save to the extent provided for by this section and no such derogation shall be made unless there has been a declaration of a state of emergency within the meaning of this section.
There shall be no </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 45. Derogation and public emergency of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 2)? [/INST] court prior to such re-detention.
Under no circumstance shall it be possible to suspend this Constitution or any part thereof or dissolve any of its organs, save as is consistent with the provisions of this Constitution.
No derogation from rights contained in this Chapter shall be permissible save to the extent provided for by this section and no such derogation shall be made unless there has been a declaration of a state of emergency within the meaning of this section.
There shall be no derogation with regard to—
####
the right to life;
the prohibition of torture and cruel, inhuman or degrading treatment or punishment;
the prohibition of genocide;
the prohibition of slavery, the slave trade and slave-like practices;
the prohibition of imprisonment for failure to meet contractual obligations;
the prohibition on retrospective criminalization and the retrospective imposition of greater penalties for criminal acts;
the right to equality and recognition before the law;
the right to freedom of conscience, belief, thought and religion and to academic freedom; or
the right to habeas corpus.
the right to life;
the prohibition of torture and cruel, inhuman or degrading treatment or punishment;
the prohibition of genocide;
the prohibition of slavery, the slave trade and slave-like practices;
the prohibition of imprisonment for failure to meet contractual obligations;
the prohibition on retrospective criminalization and the retrospective imposition of greater penalties for criminal acts;
the right to equality and recognition before the law;
the right to freedom of conscience, belief, thought and religion and to academic freedom; or
the right to habeas corpus.
The President may declare a state of emergency—
####
only to the extent that it is provided for in this section;
only with the approval of the Defence and Security Committee of the National Assembly;
only in times of war, threat of war, civil war or widespread natural disaster;
only with regard to the specific location where that emergency exists, and that any declaration of a state of emergency shall be publicly announced; and
only after the state of emergency has been publicly announced.
only to the extent that it is provided for in this section;
only with the approval of the Defence and Security Committee of the National Assembly;
only in times of war, threat of war, civil war or widespread natural disaster;
only with regard to the specific location where that emergency exists, and that any declaration of a state of emergency shall be publicly announced; and
only after the state of emergency has been publicly announced.
Derogation from the rights contained in this Chapter, other than the rights listed in subsection (2), shall be permissible during a state of emergency within the meaning of this section and to the extent that—
####
such derogation is consistent with the obligations of Malawi under international law; and
in the case of—
war or threat of war, it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or
a widespread natural disaster, it is strictly required for the protection and relief of those people and facilities whether in or outside the disaster area.
such derogation is consistent with the obligations of Malawi under international law; and
in the case of—
####
war or threat of war, it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or
a widespread natural disaster, it is strictly required for the protection and relief of those people and facilities whether in or outside the disaster area.
war or threat of war, it is strictly required to prevent the lives of defensive combatants and civilians as well as legitimate military objectives from being placed in direct jeopardy; or
a widespread natural disaster, it is strictly required for the protection and relief of those people and facilities whether in or outside the disaster area.
The declaration of a state of emergency and any action taken in consequence thereof shall be in force for a period of not more than twenty-one days, unless it is extended for a period of not longer than three months, or consecutive periods of not longer than three months at a time, by resolution of the National Assembly adopted by a majority of at least two-thirds of all its members.
The High Court shall be competent to hear applications challenging the validity of a declaration of a state of emergency, any extension thereof, and any action taken, including any regulation enacted, under such declaration.
Where a person is detained under a state of emergency such detention shall be subject to the following conditions—
####
an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention;
the name of every detainee and a </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 45. Derogation and public emergency of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 3)? [/INST] applications challenging the validity of a declaration of a state of emergency, any extension thereof, and any action taken, including any regulation enacted, under such declaration.
Where a person is detained under a state of emergency such detention shall be subject to the following conditions—
####
an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention;
the name of every detainee and a reference to the measures in terms of which he or she is being detained shall be published in the Gazette within five days of his or her detention;
when rights entrenched in section 19 (6) (a) or section 42 (2) (b) have been suspended—
the detention of a person shall, as soon as it is reasonably possible but not later than ten days after his or her detention, be reviewed by a court, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order;
a detainee shall at any stage after the expiry of a period of five days after a review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;
the State shall for the purpose of a review referred to in paragraph (c) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review.
an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention;
the name of every detainee and a reference to the measures in terms of which he or she is being detained shall be published in the Gazette within five days of his or her detention;
when rights entrenched in section 19 (6) (a) or section 42 (2) (b) have been suspended—
####
the detention of a person shall, as soon as it is reasonably possible but not later than ten days after his or her detention, be reviewed by a court, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order;
a detainee shall at any stage after the expiry of a period of five days after a review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;
the detention of a person shall, as soon as it is reasonably possible but not later than ten days after his or her detention, be reviewed by a court, and the court shall order the release of the detainee if it is satisfied that the detention is not necessary to restore peace or order;
a detainee shall at any stage after the expiry of a period of five days after a review under subparagraph (i) be entitled to apply to a court of law for a further review of his or her detention, and the court shall order the release of the detainee if it is satisfied that the detention is no longer necessary to restore peace or order;
the State shall for the purpose of a review referred to in paragraph (c) submit written reasons to justify the detention or further detention of the detainee to the court, and shall furnish the detainee with such reasons not later than two days before the review.
If a court finds the grounds for the detention of a person to be unjustified or illegal it shall order his or her release and that person shall not be detained again on the same grounds unless the State shows good cause to a court prior to such re-detention.
Under no circumstance shall it be possible to suspend this Constitution or any part thereof or dissolve any of its organs, save as is consistent with the provisions of this Constitution. </s> |
<s>[INST] What is CHAPTER IV. HUMAN RIGHTS 46. Enforcement of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Save in so far as it may be authorized to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not take any action, which abolishes or abridges the rights and freedoms enshrined in this Chapter, and any law or action in contravention thereof shall, to the extent of the contravention, be invalid.
Any person who claims that a right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled—
to make application to a competent court to enforce or protect such a right or freedom; and
to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as he or she may reasonably require.
Where a court referred to in subsection (2) (a) finds that rights or freedoms conferred by this Constitution have been unlawfully denied or violated, it shall have the power to make any orders that are necessary and appropriate to secure the enjoyment of those rights and freedoms and where a court finds that a threat exists to such rights or freedoms, it shall have the power to make any orders necessary and appropriate to prevent those rights and freedoms from being unlawfully denied or violated.
A court referred to in subsection (2) (a) shall have the power to award compensation to any person whose rights or freedoms have been unlawfully denied or violated where it considers it to be appropriate in the circumstances of a particular case.
The law shall prescribe criminal penalties for violations of those non-derogable rights listed in section 44 (1).
Save in so far as it may be authorized to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not take any action, which abolishes or abridges the rights and freedoms enshrined in this Chapter, and any law or action in contravention thereof shall, to the extent of the contravention, be invalid.
Any person who claims that a right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled—
####
to make application to a competent court to enforce or protect such a right or freedom; and
to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as he or she may reasonably require.
to make application to a competent court to enforce or protect such a right or freedom; and
to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as he or she may reasonably require.
Where a court referred to in subsection (2) (a) finds that rights or freedoms conferred by this Constitution have been unlawfully denied or violated, it shall have the power to make any orders that are necessary and appropriate to secure the enjoyment of those rights and freedoms and where a court finds that a threat exists to such rights or freedoms, it shall have the power to make any orders necessary and appropriate to prevent those rights and freedoms from being unlawfully denied or violated.
A court referred to in subsection (2) (a) shall have the power to award compensation to any person whose rights or freedoms have been unlawfully denied or violated where it considers it to be appropriate in the circumstances of a particular case.
The law shall prescribe criminal penalties for violations of those non-derogable rights listed in section 44 (1). </s> |
<s>[INST] What is CHAPTER V. CITIZENSHIP 47. Citizenship of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Every person who, immediately before the appointed day, was a citizen of Malawi under any existing law shall continue to be a citizen of Malawi after the appointed day.
An Act of Parliament may make provision for the acquisition or loss of citizenship of Malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived.
In this section, the expression—
“acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalization or any other means prescribed by an Act of Parliament; and
“loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament.
Every person who, immediately before the appointed day, was a citizen of Malawi under any existing law shall continue to be a citizen of Malawi after the appointed day.
An Act of Parliament may make provision for the acquisition or loss of citizenship of Malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived.
In this section, the expression—
####
“acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalization or any other means prescribed by an Act of Parliament; and
“loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament.
“acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalization or any other means prescribed by an Act of Parliament; and
“loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 48. Parliament of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.
An Act of Parliament shall have primacy over other forms of law, but shall be subject to this Constitution.
Any question proposed for decision by the National Assembly shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides.
All legislative powers of the Republic shall be vested in Parliament which shall have the powers and responsibilities set out in this Constitution.
An Act of Parliament shall have primacy over other forms of law, but shall be subject to this Constitution.
Any question proposed for decision by the National Assembly shall be decided by a majority of the votes of the members present and voting, unless this Constitution or any other Act of Parliament otherwise provides. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 49. Definitions of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the National Assembly and the President as Head of State.
An Act of Parliament shall be a Bill which has—
been laid before the National Assembly;
been passed in the National Assembly by a simple majority or such other majority as is otherwise required by this Constitution in respect of any particular Bill; and
been assented to by the President in accordance with this Chapter.
“Chamber” means the Chamber of the National Assembly.
For the purposes of this Constitution, unless otherwise provided, “Parliament” consists of the National Assembly and the President as Head of State.
An Act of Parliament shall be a Bill which has—
####
been laid before the National Assembly;
been passed in the National Assembly by a simple majority or such other majority as is otherwise required by this Constitution in respect of any particular Bill; and
been assented to by the President in accordance with this Chapter.
been laid before the National Assembly;
been passed in the National Assembly by a simple majority or such other majority as is otherwise required by this Constitution in respect of any particular Bill; and
been assented to by the President in accordance with this Chapter.
“Chamber” means the Chamber of the National Assembly. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 50. Quorum of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
The quorum of the National Assembly shall be formed by the presence at the beginning of any sitting of at least one half plus one of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.
If it is brought to the attention of the Speaker of the National Assembly or presiding member by any member of Parliament that there are less than the number of members prescribed by the Standing Orders and after such interval as may be prescribed by the Standing Orders, the Speaker of the National Assembly or presiding member ascertains that the number of members present is still less than that prescribed by the Standing Orders, he or she shall adjourn the proceedings of the National Assembly.
The quorum of the National Assembly shall be formed by the presence at the beginning of any sitting of at least one half plus one of the members of that Chamber entitled to vote, not including the Speaker or a presiding member.
If it is brought to the attention of the Speaker of the National Assembly or presiding member by any member of Parliament that there are less than the number of members prescribed by the Standing Orders and after such interval as may be prescribed by the Standing Orders, the Speaker of the National Assembly or presiding member ascertains that the number of members present is still less than that prescribed by the Standing Orders, he or she shall adjourn the proceedings of the National Assembly. </s> |
<s>[INST] How many chunks are in CHAPTER VI. THE LEGISLATURE 51. Qualifications of members of Parliament of the constitution 'Malawi 1994 (rev. 2017)'? [/INST] 2 </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 51. Qualifications of members of Parliament of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
A person shall not be qualified to be nominated or elected as a member of the Parliament unless that person—
is a citizen of the Republic who at the time of nomination has attained the age of twenty-one years;
is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament; and
is registered as a voter in a constituency.
Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a member of Parliament who—
owes allegiance to a foreign country;
is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent;
has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic;
holds, or acts, in any public office or appointment, except where this Constitution provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment or where that person resigns from that office or appointment in order to stand;
belongs to, and is serving in the Defence Force of Malawi or the Malawi Police Service; and
has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of members of Parliament or local government elections.
For the purposes of subsection (2) (e), an appointment as a Minister or Deputy Minister in accordance with section 94 (1) shall not be construed to be an appointment to a public office or to be a public appointment.
A person shall not be qualified to be nominated or elected as a member of the Parliament unless that person—
####
is a citizen of the Republic who at the time of nomination has attained the age of twenty-one years;
is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament; and
is registered as a voter in a constituency.
is a citizen of the Republic who at the time of nomination has attained the age of twenty-one years;
is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament; and
is registered as a voter in a constituency.
Notwithstanding subsection (1), no person shall be qualified to be nominated or elected as a member of Parliament who—
####
owes allegiance to a foreign country;
is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent;
has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic;
holds, or acts, in any public office or appointment, except where this Constitution provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment or where that person resigns from that office or appointment in order to stand;
belongs to, and is serving in the Defence Force of Malawi or the Malawi Police Service; and
has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of members of Parliament or local government elections.
owes allegiance to a foreign country;
is, under any law in force in the Republic, adjudged or otherwise declared to be mentally incompetent;
has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic;
holds, or acts, in any public office or appointment, except where this Constitution provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment or where that person resigns from that office or appointment in order to stand;
belongs to, and is serving in the Defence Force of Malawi or the Malawi Police Service; and
has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of members of Parliament or local government elections.
For the purposes of subsection (2) (e), an appointment as a Minister or Deputy Minister in accordance with section 94 (1) shall not be construed to be an appointment to a public office or to be a public appointment. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 51. Qualifications of members of Parliament of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 2)? [/INST] the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of members of Parliament or local government elections.
For the purposes of subsection (2) (e), an appointment as a Minister or Deputy Minister in accordance with section 94 (1) shall not be construed to be an appointment to a public office or to be a public appointment. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 52. Oath of allegiance of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Every member of Parliament, before taking his or her seat, and every officer of Parliament, before assuming duties of his or her office, shall take and subscribe before the Chief Justice in the National Assembly—
####
the oath of allegiance in the form prescribed by law; and
such other oaths for the due performance of their respective offices as may be prescribed by law.
the oath of allegiance in the form prescribed by law; and
such other oaths for the due performance of their respective offices as may be prescribed by law. </s> |
<s>[INST] How many chunks are in CHAPTER VI. THE LEGISLATURE 53. The Speaker and Deputy Speakers of the constitution 'Malawi 1994 (rev. 2017)'? [/INST] 2 </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 53. The Speaker and Deputy Speakers of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
There shall be a Speaker of the National Assembly who shall be elected by majority vote of the members thereof at the first sitting after every dissolution of the National Assembly.
The members of the National Assembly shall elect one or more from among themselves to be Deputy Speaker or Deputy Speakers of the National Assembly at the first sitting after a general election.
The office of Speaker or Deputy Speaker shall become vacant—
on the death or resignation of the holder;
if the holder ceases to be a member of the National Assembly;
if the holder becomes President, Vice-President, a Minister or a Deputy Minister; or
if the National Assembly, by a resolution supported by the votes of not less than two-thirds of the members of the National Assembly, resolves that the holder be removed from office:
Provided that the Speaker or the Deputy Speaker shall have the right to be heard by the Chamber on his or her own motion on any matter relating to his or her removal from office.
The Speaker, or in his or her absence, such Deputy Speaker as the Speaker has nominated, shall preside at every sitting of the National Assembly:
Provided that in the absence of the Speaker and every Deputy Speaker, the members of the National Assembly may elect one of their number to act as Speaker for as long as there is no Speaker or Deputy Speaker.
The Speaker, the Deputy Speaker or any other presiding member shall discharge his or her functions and duties and exercise such powers as he or she has by virtue of that office independent or the direction or interference of any body or authority, save as accords with the express will and the Standing Orders of the National Assembly.
Notwithstanding that the Speaker, Deputy Speaker or any other presiding member has been elected as a member of a political party to the National Assembly he or she shall not be subject to the control, discipline, authority or direction of that political party or any other political party in the discharge of the functions and duties of that office and in the exercise of the powers of that office.
The Speaker may, where the matter under debate in the National Assembly pertains to his or her constituency, temporarily vacate the Speaker’s seat and participate in that debate and exercise a deliberative vote where there is voting on that matter.
There shall be a Speaker of the National Assembly who shall be elected by majority vote of the members thereof at the first sitting after every dissolution of the National Assembly.
The members of the National Assembly shall elect one or more from among themselves to be Deputy Speaker or Deputy Speakers of the National Assembly at the first sitting after a general election.
The office of Speaker or Deputy Speaker shall become vacant—
####
on the death or resignation of the holder;
if the holder ceases to be a member of the National Assembly;
if the holder becomes President, Vice-President, a Minister or a Deputy Minister; or
if the National Assembly, by a resolution supported by the votes of not less than two-thirds of the members of the National Assembly, resolves that the holder be removed from office:
on the death or resignation of the holder;
if the holder ceases to be a member of the National Assembly;
if the holder becomes President, Vice-President, a Minister or a Deputy Minister; or
if the National Assembly, by a resolution supported by the votes of not less than two-thirds of the members of the National Assembly, resolves that the holder be removed from office:
Provided that the Speaker or the Deputy Speaker shall have the right to be heard by the Chamber on his or her own motion on any matter relating to his or her removal from office.
The Speaker, or in his or her absence, such Deputy Speaker as the Speaker has nominated, shall preside at every sitting of the National Assembly:
Provided that in the absence of the Speaker and every Deputy Speaker, the members of the National Assembly may elect one of their number to act as Speaker for as long as there is no Speaker or Deputy Speaker.
The Speaker, the Deputy Speaker or any other presiding member shall discharge his or her functions and duties and exercise such powers as he or she has by virtue of that office independent or the direction or interference of any body or authority, save as accords with the express will and the Standing Orders of the National Assembly.
Notwithstanding that the Speaker, Deputy Speaker or any other presiding member has been elected as a member of a political party to the National Assembly he or she shall not be subject to the control, discipline, authority or direction of that political party or any other political party in the discharge of the functions and duties of that office and in the exercise of the powers of that office.
The Speaker may, where the matter under debate in the National Assembly pertains to his or her constituency, temporarily vacate the Speaker’s seat and participate in that </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 53. The Speaker and Deputy Speakers of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 2)? [/INST] any other presiding member has been elected as a member of a political party to the National Assembly he or she shall not be subject to the control, discipline, authority or direction of that political party or any other political party in the discharge of the functions and duties of that office and in the exercise of the powers of that office.
The Speaker may, where the matter under debate in the National Assembly pertains to his or her constituency, temporarily vacate the Speaker’s seat and participate in that debate and exercise a deliberative vote where there is voting on that matter. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 54. Casting vote of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Subject to section 53 (7) the Speaker shall not have a deliberative vote, but if the votes of the National Assembly are equally divided upon any question, he or she shall exercise the casting vote.
Any presiding member shall retain his or her original deliberative vote as a member and shall, in addition, have and exercise a casting vote where the votes of the National Assembly on any question are equally divided.
Subject to section 53 (7) the Speaker shall not have a deliberative vote, but if the votes of the National Assembly are equally divided upon any question, he or she shall exercise the casting vote.
Any presiding member shall retain his or her original deliberative vote as a member and shall, in addition, have and exercise a casting vote where the votes of the National Assembly on any question are equally divided. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 55. The Clerk of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] There shall be a Clerk to the National Assembly who shall be a public officer and shall assist the Speaker of the National Assembly and perform such other functions and duties as the Speaker may direct. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 56. The right to regulate procedure of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] ####
Subject to this Constitution, the National Assembly, may by Standing Order or otherwise regulate its own procedure.
Save as otherwise provided in this Constitution, the National Assembly may act unless more than two-thirds of all the seats of the National Assembly are vacant.
The presence or participation of any person not entitled to be present or to participate in the proceedings of the National Assembly shall not invalidate those proceedings.
The National Assembly shall provide access to the press and members of the public, except where a motion is passed with reasons prohibiting public access in the national interest.
The proceedings of Parliament shall be conducted in the English language and such other languages as the National Assembly may prescribe.
Parliament may establish any committees of its members and may form joint committees for the scrutiny of legislation and performance of other functions, except voting on motions and Bills.
In addition to any committee appointed under subsection (6), there shall be a Public Appointments Committee, a Budget Committee and a Legal Affairs Committee of the National Assembly which shall each—
be appointed by the National Assembly with proportionate representation from all parties represented in the National Assembly;
be appointed within thirty days of the first sitting of the National Assembly after a general election and thereafter annually; and
perform such functions as are conferred on them by this Constitution or by an Act or resolution of Parliament or by the Standing Orders of Parliament.
Subject to this Constitution, the National Assembly, may by Standing Order or otherwise regulate its own procedure.
Save as otherwise provided in this Constitution, the National Assembly may act unless more than two-thirds of all the seats of the National Assembly are vacant.
The presence or participation of any person not entitled to be present or to participate in the proceedings of the National Assembly shall not invalidate those proceedings.
The National Assembly shall provide access to the press and members of the public, except where a motion is passed with reasons prohibiting public access in the national interest.
The proceedings of Parliament shall be conducted in the English language and such other languages as the National Assembly may prescribe.
Parliament may establish any committees of its members and may form joint committees for the scrutiny of legislation and performance of other functions, except voting on motions and Bills.
In addition to any committee appointed under subsection (6), there shall be a Public Appointments Committee, a Budget Committee and a Legal Affairs Committee of the National Assembly which shall each—
####
be appointed by the National Assembly with proportionate representation from all parties represented in the National Assembly;
be appointed within thirty days of the first sitting of the National Assembly after a general election and thereafter annually; and
perform such functions as are conferred on them by this Constitution or by an Act or resolution of Parliament or by the Standing Orders of Parliament.
be appointed by the National Assembly with proportionate representation from all parties represented in the National Assembly;
be appointed within thirty days of the first sitting of the National Assembly after a general election and thereafter annually; and
perform such functions as are conferred on them by this Constitution or by an Act or resolution of Parliament or by the Standing Orders of Parliament. </s> |
<s>[INST] What is CHAPTER VI. THE LEGISLATURE 57. Money bills of the constitution 'Malawi 1994 (rev. 2017)' (Chunk 1)? [/INST] Except upon the recommendation of the Minister responsible for Finance, signified in writing, the National Assembly shall not—
####
proceed upon any Bill or any amendment to a Bill that, in the opinion of the person presiding, makes provision for any of the following purposes—
for the imposition of tax or the alteration of tax;
for the imposition of any charge upon the Consolidated Fund, or the alteration of any such charge;
for the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or
for the composition or remission of any debt due to the Government;
proceed upon any motion or any amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in subsection (a); or
receive any petition that, in the opinion of the person presiding, requests that provision be made for any of the purposes specified in paragraph (a).
proceed upon any Bill or any amendment to a Bill that, in the opinion of the person presiding, makes provision for any of the following purposes—
####
for the imposition of tax or the alteration of tax;
for the imposition of any charge upon the Consolidated Fund, or the alteration of any such charge;
for the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or
for the composition or remission of any debt due to the Government;
for the imposition of tax or the alteration of tax;
for the imposition of any charge upon the Consolidated Fund, or the alteration of any such charge;
for the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal; or
for the composition or remission of any debt due to the Government;
proceed upon any motion or any amendment to a motion the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in subsection (a); or
receive any petition that, in the opinion of the person presiding, requests that provision be made for any of the purposes specified in paragraph (a). </s> |
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