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
the Ministers:
* 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
extraordinary session
either upon request from
the absolute majority of
its
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
Armed Forces:
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.