Law belong to the People


“Law belongs to the people”, I remember this statement of Napoléon when he released the first version of civil code (the unproperly named “Napoléon Code”). This civil code ruled the civil relationship as well as commercial trade. As far as I know, this is the only French civil legal principle which has been adopted by all legal system throughout the world, including of course, Madagascar. Madagascar due to its French colonialism past has obviously followed the civil system with all of its leading principles.

“Nobody is deemed to ignore the law”, this is also a legal principle which has been adopted by both Roman-German legal tradition and Common law. But how such principle can be respected or satisfied if people can not access to legal information?

As long as laws are made to be applied on every citizen, it is so obvious to give all opportunities to these citizens to be aware of these laws. But not only citizens from the country which has issued the law, people from abroad also got to know our laws for their personnal or professional concerns. This is the famous principle of universality of laws, another principle which is recognized as internationally applicable for all countries which have an independant legal framework. 

As far as I know, as a lawyer who has made the oath to respect the laws of my country (including its “imported” principles), I have to contribute to the spread of legal information and fight against any attempt to mitigate the right of people to access to such information. 

As far as I know, a lawyer is not a businessman because law is not compatible with business. Law or Money? You, as a lawyer, have definitely to make a choice. 

A friend who is also a lawyer has told me one day that laws should only stay between lawyers’ hands … What for? Lawyers do not own laws because Law belong to the people ….

3 thoughts on “Law belong to the People

  1. As far as I know, a lawyer is not a businessman because law is not compatible with business

    definitely law is business!! don’t forget that the “justice” is the most corrupted system her.
    That’s why also we Malagasy people are so scared once we hear the word “Fitsarana” because we know that money is justice there.

  2. According to me, a lawyer can be a businnessman also because businness and investments are all ruled by law!!!

    But it’s not only about money making or businness!as a legal adviser, you (I mean we) are there to act as a real partner whith your (our) client. So you have to act and think like a businnessman!!!

    But, as far as I know (by giving so much analysis about malagasy investment act here on your blogg) you are the only lawyer to do this for free… It’s not my case!!!!!

    May be it’s because you are well paid enough…

    A bon entendeur!!! (Sorry! I don’t know its english meaning…)

    ….”(^_^)”…

  3. If u are a lawyer yourself, you would know better than anyone else what are “Conflicts of interest” which are themselves mandated section of any law in any function exercised!!!. It spells ignorance as a lawyer to state otherwise! And if business & investments are ruled by law they are at the threshold bottom of perfection in Madagascar!

    First of all, I have to state my political side as neutral cause to be sincere there’s no one yet in the horizon that I would see fit enough to defend and TGV is anyway not anymore a big player (he had been). So, I view AndryDago’s posts as HIGHLY one-sided (it’s entirely his prerogative, democracy obliges). However, the Coup dÉtat is what is unconstitutional according to any Constitution. However, given the enormous scale of natural resources dilapidation by the last incumbent, it might as well be called “a necessary Coup d’Etat” (un mal nécessaire). Anything else beyond that cannot be called unconstitutional since it has not been mandated by the Constitution (the whole transitional government thing). Well, killing of protesters are also unconstitutional but no one called Ra8 unconstitutional as because maybe respect of human rights are part of the Preamble and not part of the Art. & Sect. of the Constitution.

    Another thing is the constitutionality of what is constitutional according to Ra’s standards! I wish AndryDago would have gone point by point through that recently reformed Constitution 2007 like he did with the investment Act to bump against some “Sections” of capital importance that officially state his benefactor as a “dictator” compared to fellow dictators in other countries rather than just posting a “poetic” rambling “The law belongs to the People”. Any foreigner who claims & cares for the path for constitutionality in Madagascar should read those beforehand in the Constitution of Mcar reformed by Ra8.

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