constituteproject.org • Right to own property • Protection from expropriation PDF generated: 23 May 2016, 16:14 Article 34 The State guarantees the right to individual property. No one may be deprived of it except by way of expropriation for cause of public utility and subject to a fair and prior indemnification. The State assures the facility of access to land property through the appropriate juridical and institutional provisions and a transparent administration of the information concerning land. • Right to shelter Article 35 The State facilitates the access of the citizens to housing through appropriate financing mechanisms. • Duty to pay taxes Article 36 The participation of each citizen in the public expenditures must be progressive and calculated as a function of their contributive capacity. • Right to establish a business • Protection of environment • Right to competitive marketplace Article 37 The State guarantees the freedom of enterprise within the limit of the respect for the general interest, the public order, morality and the environment. Article 38 The State guarantees the security of capital and of investments. Article 39 The State guarantees the political neutrality of the Administration, of the Armed Forces, of Justice, of the Police, of Teaching and of Education. It organizes the Administration to the end of avoiding any act of waste and of diversion of the public funds to personal or political ends. TITLE III: OF THE ORGANIZATION OF THE STATE Article 40 • Establishment of constitutional court • Right to appeal judicial decisions • Structure of the courts Madagascar 2010 The Institutions of the State are: • the President of the Republic and the Government; • the National Assembly and the Senate; • the High Constitutional Court. The Supreme Court, the Courts of Appeal and the jurisdictions attached to them as well as the High Court of Justice exercise the jurisdictional function. Page 10