Morocco is a constitutional, democratic social monarchy. It is regulated by the provisions of the Constitution approved, on September 4, 1992, by referendum and promulgated on October 9, 1992 .
The new Constitution supersedes that of 1972 which itself has succeeded those of 1962 and 1970.
The next text comprises new provisions geared to a larger promotion of Man, consolidation of Parliament powers, a larger answerability of the Government and the creation of institutions meant to reinforce the State of law and establish a more harmonious socio-economic development .
In addition to the rights and protections acknowledged and guaranteed in the first title of the Constitution, a new provision solemnly reaffirms the attachment of the Kingdom of Morocco to Human Rights "as they are universally recognized". This adjunction sanctions the evolution Morocco has been going through during last years, consolidates and enlarges individual and collective freedoms .
The new Constitutional so provides for the establishment of an Economic and Social Council. This new institution epitomizes the prominence of the social and economic concerns in Morocco ' s political options and actions on the threshold of the XXI Century .
As in all parliamentary democracies, the new Moroccan Constitution has endowed the legislative branch with larger powers for control over a more answerable Government
The Chamber may establish commissions of enquiry, which reinforces i t control capacities (art . 40);
In this respect, a provision under which the Government has to answer questions by representatives in a period not exceeding 20 days was introduced (art. 55);
On the other hand, under article 3 5 , t h e C h a m b e r o f Representatives will not be dissolved in case of the state of exception is proclaimed.
The role of the Prime minister has been enhanced under the Constitution . Indeed, the Government members are appointed by the King upon the proposition of the prime Minister (art. 24) . The government's action aimed at implementing laws and using the administration is the Prime Minister' s responsibility (art. 60)
The Kingdom of Morocco is one of the oldest monarchies in the world. Founded 12 centuries ago, this institution is the guarantor of the country's unity and the citizens' freedom. After Morocco gained independence, the Moroccan political regime preserved adherence to its traditional foundations while at the same time engaging in modernity. The King of Morocco embodies both the spiritual and the temporal authorities.
"The King, Emir El Mouminine (Commander of the Faithful), Supreme Representative of the nation, Symbol of its unity, guarantor of the permanence and continuity of the state, shall ensure the observance of Islam and the Constitution. He shall be the protector of the rights and liberties of the citizens, social groups and communities.
He shall guarantee the independence of the Nation and the integrity of the Kingdom within its authentic borders" (art. 19 of the 1992 Constitution).
* The King appoints the
Prime Minister and, on the
latter's proposition, the
Ministers (art. 24).
* the King presides over the Council of Ministers (art. 25) the Higher Judicial Council, the Higher Education Council, and the Higher Council of National
Promotion (art. 32). * He promulgates laws, signs and ratifies treaties;
* The King is the Commander-inchief of the Royal Armed Forces (art.30).
* He accredits ambassadors to foreign powers. Ambassadors or representatives of international bodies are accredited to him
* He exercises the right of pardon (art.34).
The Government is composed
of the Prime Minister and
* It is answerable to the King and to the Chamber of Representatives, ensures the implementation of the law and has the use of the administration.
* The Prime Minister is appointed by the King;
- He initiates laws;
-He has the regulatory power;
-He is charged with coordinating ministerial activities.
* The Government members are appointed by the King on the proposition of the Prime Minister.
* The Prime Minister may ask for a vote of confidence in the Chamber of Representatives, on a statement of general policy or the vote on a bill.
* The Chamber of Representatives may call into question the responsibility of the Government by passing a censure motion.
"The members of the Chamber of representatives owe their mandate to the Nation. Their right to vote is personal and can not be delegated". (art. 36 of the Constitution).
- The Chamber of
Representatives holds two
sessions a year and may
convene for an
either upon request from
the absolute majority of
members or by decree.
- It elects its Speaker, ViceSpeakers, votes on and establishes the budget, votes o bills, votes on the finance law, makes proposals and amendments and controls the government action.
Magistrates are appointed by Dahir on the proposition of the High Council of the Magistracy. The different Kingdom courts are:
- Communal and District Courts:
Communal and District judges are empowered to adjudicate al l personal estate actions brought against individuals who take up residence under their jurisdiction, whenever these actions concern claims worth less than 1, 000 Dh.
- Administrative Tribunals:
They are empowered to decide, with their rulings being appealable, claims for cancellation of ultra vires acts filed against administrative authorities, disputes relating to administrative authorities, administrative contracts and claims for compensation of prejudice caused by public entities' acts or activities. They al so are empowered to ascertain the consistency of administrative acts with the legal provisions .
- Tribunals of Original Jurisdiction:
They decide civil cases linked to family law, succession, commerce and labor conflicts, either with or without appeal .
- Appellate Courts:
They try criminal cases, appeals against judgments passed by tribunals of Original jurisdiction, as well as appeals against their president's rulings .
- Supreme Court:
The Supreme Court reviews decisions made by lower tribunals. Its powers extend to:
*Appeals for cassation against decisions without appeal made by all the Kingdom's courts.
* Appeals for cancellation of the Prime Minister' s ultra vires decisions .
* Jurisdiction disputes arising among courts above which there is no higher court other than the Supreme Court.
* Suits for bias filed against magistrates and courts with the exception of the Supreme Court.
* Proceedings aimed at judge disqualifying because of likelihood of bias .
* Disqualifying for reasons of public security or in order to secure a good administration of justice .
- Special Court of justice:
It handles cases in which are involved magistrates or l o y e e s (embezzlement, etc) . It tries felonies or crimes committed by government members during the discharge of their functions .
- The Permanent Tribunal of the Royal
It adjudicates such cases as unauthorized carrying of firearms and felonies committed by soldiers .
Morocco is a multiparty democracy; Art. 3 of the 1992 Constitution provides: "Political parties, trade unions, local councils and professional chambers shall participate in the organization of the State and in the representation of the citizens .
There shall be no single party". The political arena in Morocco boasts many political parties and trade unions. 11 parties took part in the 25 June and 17 September 1993 general elections:
- Constitutional Union (UC),
- Socialist Union of Popular Forces (USFP),
- Popular Movement (MP),
- Istiqlal Party (PI),
- National Rally of Independents (RNI),
- National Popular Movement (MNP),
- National Democrat Party (PND),
- Party for Progress and Socialism (PPS),
- Democratic Party for Independence (PDI),
- Party of Action (PA),
- Organization of Democratic and Popular Action (OADP).
The Constitutional Council was established on March 21, 1994, under articles 76 and 77 of the 1992 Constitution. It comprises:
- 4 members appointed by H.M. the King
for a period of 6 years;
- 4 members appointed, for the same period, by the Speaker of the Chamber of Representatives after consulting the groupings;
- In addition to the aforesaid members, H.M. the King appoints, for the same period, the President of the Constitutional Council. Each category of the Constitutional Council members are renewable by half every three years .
Besides, organic laws, before their promulgation, as well as the statute of the Chamber of Representatives, prior to its implementations, are referred to the Constitutional Council which adjudicates upon their consistence with the Constitution .
For the same purpose, bills might be referred to the Constitutional Council by the King, the Prime Minister, the Speaker of the Chamber of representatives or the fourth part of the members making up the same.
Decisions turned by the Constitutional Council can not be appealed. They are to be enforced on public powers and all administrative and court authorities .
The establishment of the Advisory Council of Human Rights was announced in a Royal Speech on may 8, 1990, to secure at the highest level respect of human rights and consolidates the State of law.
This institution comes directly under the authority of His Majesty the King.
The Council is chaired by the first president of the Supreme Court and comprises 3 7 members:
1. the Government (5 ministers)
2. a representative from each of the following:
- political parties
- trade unions
- human rights associations
- the associations of the moroccan magistrates
- the association of the moroccan bar
- university professors
- the national association of physicians
3. personalities selected for their conversance with human rights matters.
The council meets when necessary and at least twice a year.