Morocco is a country located in North Africa. It borders Algeria and the disputed Western Sahara territory of which Morocco fully claims as its own, with it occupying and administering around 80% of the land. The other 20% is held by the self-proclaimed Sahrawi Arab Democratic Republic which Morocco does not recognise.
As Morocco administers territory of the Western Sahara you can also argue it borders Mauritania, a country that once also claimed the Western Sahara and went to war against the Polisario while there, although they went on to give up its claims on the territory after suffering defeats.
Morocco has a coast along the Atlantic Ocean, the Strait of Gibraltar facing the Spanish mainland, and the Alboran Sea.
Morocco also borders two coastal Spanish autonomous cities, Ceuta on the Strait of Gibraltar and Melilla on the Alboran Sea. Morocco disputes Spanish control over these cities and claims both to be Moroccan territory. Both serve as flashpoints that often cause political and diplomatic tensions between the two countries. Morocco also borders the Spanish exclave of Penon de Velez de la Gomera which it also claims. It also disputes some Spanish-controlled islands around its coast.
Morocco’s capital city, Rabat, is found on the Atlantic coast.
The area that is today Morrocco has been inhabited since at least Paleolithic times sometime between 190,000 and 90,000 BC, although Homo Sapien fossils recently discovered suggest there could have been people there as far back as 315,000 years ago.
One of the earliest known cultures there were the Aterian Culture who would be replaced by the Iberomaurusian Culture, sharing similarities to Iberian cultures. The Bell Beaker Culture would go on to succeed the Iberomaurusian.
The Phoenicians would arrive to the area and establish trading posts and settlements there, which served to slowly draw northwest Africa into the wider emerging Mediterranean world during the early part of Classical Antiquity.
The area later became part of Carthage and its eventual empire. The Berber kingdom of Mauretania would later become the first known independent state within the Morocco area, this kingdom would later become a client kingdom to the Roman Empire in 33 BC and it would later be fully annexed by Emperor Claudius in 44 BC, making it a Roman Province under rule of an imperial Governor.
The Roman Crisis of the 3rd Century would see parts of Mauretania be reconquered by Berber tribes and the late 3rd Century would see Roman direct rule merely confined to only a few coastal cities such as Ceuta (then called Septum). The Roman Empire lost its remaining possessions there in 429 AD when the Vandals invaded. The Mauro-Roman Kingdom assumed control of what the Romans had held.
The Eastern Roman Empire (Byzantine Empire) would re-establish direct imperial control of Septum and Tingi in the 530s AD.
The middle of the 7th Century AD would see the Muslim Conquest of the Maghreb which saw the Umayyad Caliphate conquer the area, bringing Arabic language and Islam there. Initially the area that is today Morocco was organised into a subsidiary province of Ifriqiya, with its local governors appointed by the Muslim Governor of Kairouan (modern-day Tunisia).
Although the indigenous Berber clans would adopt Islam, they still retained their customary laws, they paid taxes and tribute to the Muslim administration. The first independent Muslim state in the area of present-day Morocco was the Emirate of Nekor, it was a client state of the Umayyad Caliphate. The outbreak of the Berber Revolt in 739 would see independent Berber states form in the area.
The Abbasid Caliphate would be the next to rule. Then later still the Idrisid dynasty would rise in 788, forcing the Abbasids to cede most of what is today present-day Morocco and some of present-day Algeria. Legend claims that Idris ibn Abdallah (having fled from present-day Iraq after his tribe were massacred by the Abbasids) had convinced Awraba Berber tribes to break allegiance with the Abbasids so he could found the dynasty.
Under the dynasty the area would form into a major regional power and center for Muslim learning. The dynasty lasted until 927 where it was ousted by the Fatimid Caliphate with the help of its Miknasa allies. The Fatimid Caliphate would lose its Miknasa allies in 932, leading to the Maghrawa, a large Zenata Berber tribal confederation, to take over the area.
From the 11th Century AD many Berber dynasties would rise. Such included the Sanhaja dominated Almoravid dynasty and the Masmuda-dominated Almohad dynasty, which dominated the Maghreb, al-Andalus on the Iberian peninsula, as well as the western Mediterranean region.
From the 13th Century Banu Hilal tribes would migrate to North Africa en masse, and that century and the 14th Century would see the Marinid Sultanate, a Berber empire, take power in present-day Morocco and taking inspiration from the former Almohad dynasty they performed military campaigns in what is present-day Algeria and Spain. The Wattasid dynasty would rise after them.
Reconquista in the 15th Century would see Christian expansionism end Muslim rule in the Iberian peninsula and caused many Muslim and Jewish inhabitants to flee to present-day Morocco.
The Portuguese would take control of some possessions along the present-day Moroccan coast in the 15th Century as they vied to take control of the Atlantic sea trade. 1549 onwards would see the area come under several Arab dynasties, first the Saadi, then the Alaouite, who established Moroccan Sultanates.
The entire period also saw pressure and confrontation with the imperial expansionism of Portugal, Spain, England, and the Ottomans. The Saadi played a role in causing the Portuguese Succession Crisis of 1580 when it put an end to the Aviz dynasty when King Sebastian I of Portugal was killed in the Battle of Alcacer Quibir during one of the many Moroccan-Portuguese conflicts.
When Ahmad al-Mansur became the next Saadi Sultan of Morocco he would bring new wealth and prestige to it which included significant expansion into West Africa, defeating the Songhay Empire in 1591. But the large territory ended up becoming hard to maintain centrally, and once al-Mansur died, Morocco ended up being divided between his sons.
This decline of the dynasty saw political fragmentation and conflict, but this would eventually end when al-Rashid, Sultan of the Alaouite dynasty, reunited Morocco, this same dynasty continues to rule modern-day Morocco. The dynasty would reclaim several possessions from the English and Spanish, as well as the last held Portuguese territory in Morocco in 1769. But the dynasty did fail to capture Mellila from the Spanish in 1775.
Morocco also became the first nation to recognise the independence of the United States of America in 1777. This led to Morocco’s Sultanate Mohammed III to declare American merchant ships under protection of the Sultanate, helping to stop Barbary pirate attacks. The Moroccan-American Treaty of Friendship was signed in 1786 and remains the US’s oldest friendship treaty to not be broken.
The industrial era and into the 1900s would show Western imperial powers having renewed interest in Morocco for colonisation. Both Spain due to its existing possessions and France in a bid to protect the borders of its Algerian colony and secure the coasts to project its power, showed interest. Germany also wished to gain colonies.
A dispute over Spain’s Ceuta enclave in 1860 caused Spain to declare war on Morocco, which it won, enabling to expand Ceuta and also establish a protectorate along Morocco’s coastal areas.
Both France and Spain would end up carving out their own spheres of influence in the area in 1904, and when the British recognised France’s zone of influence the First Moroccan Crisis would begin, as the German Empire angrily disputed it. The Algeciras Conference of 1906 would put an end to this first crisis.
But a second crisis would begin in 1911 when the French deployed a significant force in Morocco that led to the German Empire to respond by stationing a gunboat in Agadair, an Atlantic port in Morocco. Although Germany was not against France expanding in Morocco, they themselves wanted expansion in return and so an agreement was made whereby France was able to establish a protectorate within Morocco via the Treaty of Fez in 1912, but that they ceded some territories to the German Empire in the French Congo.
The 1912 Treaty of Fez would lead to riots in the Moroccan city of Fez. Although the Treaty of Fez led to France establishing a Protectorate over most of Morocco, Spain still held its Protectorate over its coastal areas. The Treaty also allowed Spain to assume the role as a protecting power over the northern and southern Saharan zones.
This new colonial era led to 10s of thousands of colonists coming over to Morocco from Europe. These colonists would buy up large swathes of rich agricultural land, while others modernised mines and harbours but also exploited them for self-gain. Interest groups within the colonists pressured France to take greater control over Morocco, with continuous warring among Moroccan tribes being another reason.
The French Resident-General of Morocco, Hubert Lyautey, who admired Moroccan culture, would succeed in creating a joint French-Moroccan administration, and also modernised Morocco’s schools. World War 1 and 2 saw soldiers from Morocco fighting within the French Army, and also in the Spanish Nationalist Army during the Spanish Civil War, and would continue fighting in Spain’s Regulares (volunteer infantry). Slavery in Morocco would be abolished in 1925.
From 1921 to 1926 a Berber uprising had also taken place in the Rif Mountains where a short-lived republic was declared, the Spanish took heavy losses during this, but the uprising was eventually suppressed jointly by Spain and France.
As aspirations for regaining independence in Morocco grew, the Istiqlal Party, a pro-independence party, was created and included discreet support from the United States. Much of the leadership of Morocco’s nationalist movement would come from this party.
But the path towards independence would come along quite suddenly after France exiled Sultan Mohammed V in 1953 to Madagascar and replaced him with Mohammed Ben Aarafa who was unpopular. This move led to active opposition against the French and Spanish protectorates as well as violence against French and other European residents in the country, most notable in Oujda.
As a result, the French allowed Mohammed V to return in 1955, and negotiations would lead to independence for Morocco in 1956. With the end of the French Protectorate the Kingdom of Morocco was founded. A month after independence the Spanish also gave up their protectorate in the north of the country, although they held on to the coastal exclaves of Ceuta, Melilla as well as some territories and islands as they dated from earlier conquests, Morocco continues to dispute Ceuta, Melilla and Penon de Velez de la Gomera, as well as several small Spanish-controlled islands off its coast. Sultan Mohammed V would go on to be Morocco’s first King in 1957.
The Alawi dynasty still rules the kingdom today, currently under Mohammed VI. But first Hassan II would become King in 1961 after the death of Mohammed V. The country’s first elections were held in 1963 following the adoption of a new constitution, but then in 1965 Hassan II declared a state of emergency and suspended parliament. Spain would give its Ifni enclave over to Morocco in 1969. An attempt was made to depose Hassan II in 1971 and establish a republic but this failed.
Morocco would also continue to claim the Sahara territory, which was still under Spain as the Spanish Sahara. The Polisario movement would form in 1973 with the aim to establish an independent state within the territory. This prompted King Hassan II to ask volunteers to march into the Spanish Sahara in a show of protest and to attempt to force Spain to hand the territory over to the country. The Green March, as it became known as, was reported to have had 350,000 civilians take part.
Spain agreed to leave the territory a month later and transfer it to joint Moroccan-Mauritanian control, even in the face of objections from Algeria who threatened a military response. Forces of Morocco would go on to occupy the territory causing the Western Sahara War, which led to a clash between Moroccan and Algerian troops.
Morrocco and Mauritania ended up dividing the territory between them. Fighting between Moroccan forces and the Polisario would drag on for years, causing huge financial strain on Morocco. Mauritania itself ended up pulling out of the Western Sahara and giving up its claims after also facing heavy losses, therefore leaving Morocco to consolidate further control over much of the territory.
Morocco and Algeria restored relations in 1988 and a shaky ceasefire monitored by the UN begun in 1991. A referendum on the future of the Western Sahara has been proposed, but continued deadlock has stopped it from happening.
Morocco would get a bicameral legislature in 1997 after political reforms and the first opposition-led government was elected in 1998. King Hasan II died in 1999 and was succeeded by the current King Mohammed VI.
Hassan II’s reign would later become known for its human rights abuses as a truth commission setup in 2005 would confirm almost 10,000 cases, involving death in detention and forced exile.
The wider Arab Spring led to unrest in Morocco between 2011 and 2012. This led the King to appoint a Constitutional Commission which drafted a new Constitution which was adopted in a public referendum. The Prime Minister was given de-facto power to appoint his Cabinet and dissolve Parliament, but the King was able to maintain his position as head of the judiciary, chair of the Council of Ministers and Commander-in-Chief in a major win for the monarchy.
The official languages in Morocco are Arabic and Berber, other languages spoken include Moroccan Arabic, Hassaniya Arabic, French, English and Spanish. The largest ethnic grouping is Arabs/Arabised Berbers followed by Berbers. Islam is the largest and also official religion of the state. The currency is the Moroccan dirham. Morocco’s population is over 37,735,000.Â
Government Type Â
Morocco is a Parliamentary Constitutional Monarchy with a Monarch (King) as Head of State and a Prime Minister who is Head of Government. Although the system is not an absolute monarchy the monarch still holds a significant amount of power and influence in the country’s politics some of which is seen as authoritarian and undemocratic by observers, even following reforms in 2011 as a result of unrest caused by the Arab Spring. The legislative system is a bicameral one that includes the Assembly of Representatives as the lower chamber and the Assembly of Councillors as the upper chamber.
Multiple political parties are allowed, and the country has numerous major parties, with control usually being shared amongst a coalition and/or confidence-and-supply as the proportional representative system of election makes an absolute majority for any one party very unlikely. The Constitution forbids a single-party state and does not allow political parties to be founded on a religious, linguistic, ethnic or regional basis, or any party formed on any discriminatory basis or that is contrary to the Rights of Man.
Specifically, parties that infringe on or are against the Muslim religion, the monarchical regime, constitutional principles, democratic foundations, national unity, or territorial integrity of the Kingdom are not allowed.
Under Article 3 of the Constitution the religion of Islam is regarded as the religion of the State, although free exercise of beliefs is meant to be guaranteed.
Under Articles 14 and 15 of the Constitution the citizens of the country have the right to propose legislative initiatives in legislative matters and the right to petition the public powers.
The Monarchy Â
.jpg){kind=link}
The King – also called the Commander of the Faithful – is the Head of State. The King sees to the respect of Islam and guarantees the free exercise of beliefs and is meant to guarantee the independence of the Judicial Power. He presides over the Superior Council of the Ulema, a council for religious consultations on Islam before any official decisions are made. The council’s function and composition are determined by Royal Decree.
The King sees to the respect for the Constitution, to good functioning of constitutional institutions, to protection of democratic choice, and rights of freedoms of citizens, of collectivities, and respect for international commitments of the Kingdom. The King guarantees the country’s independence and territorial integrity. In pursuit of these things the King uses Royal Decrees.
Royal Decrees of the King must be countersigned by the Prime Minister to have any affect – although Royal Decrees concerning religious prerogatives and function/composition of the Superior Council of the Ulema under Article 41; the King’s appointments to the Council of the Regency; appointment of the Prime Minister; the ability of the King to terminate the functions of the whole Government if the Prime Minister resigns; the ability of the King to dissolve both chambers of Parliament following relevant consultations and informing of relevant officials; the approval of the appointment of magistrates; declare State of Exception under emergency provisions in times of crisis following relevant consultations; members of the Constitutional Court that are appointed by the King; and Royal Decrees used for bills and proposals for constitutional revision (after relevant procedures and consultations) do not need to be countersigned.
The monarchy is a hereditary one where the crown is transmitted from father to son through male descendants in direct line and by order of primogeniture of the current ruling monarch, although the King does have the ability to designate another of his sons (other than his eldest) as heir to the throne instead. If there comes a time when there are no male descendants in the direct line, then the succession of the throne is devolved in the closest male collateral line in the same conditions.
The King is considered a minor until reaching the age of 18. During the time the King is a minor there will be a Council of Regency that exercises the powers and constitutional rights of the crown, except those used to propose revision of the Constitution.
The Council of the Regency is presided over by the President of the Constitutional Court. It is composed of the Head of Government, the Presidents of both chambers of the Parliament, the President-Delegate of the of the Superior Council of the Judicial Power, the Secretary General of the Superior Council of the Ulema, and ten prominent persons appointed by the King.
Duties and Powers of the King
The King appoints the Prime Minister following the Parliamentary elections based on the largest grouping/party that commands majority confidence within the lower chamber of the Parliament. The King then appoints members of the Government that are proposed by the Prime Minister. The King can terminate members of Government on his own initiative following consultation with the Prime Minister or at the demand of the Prime Minister.
The King terminates the function of the whole Government if the Prime Minister resigns. A new Government must be constituted.
After consultation with the President of the Constitutional Court, and after informing the Prime Minister, and informing the Presidents of both chambers of Parliament, the King can dissolve either one or both chambers of the Parliament. The King will first make an address to the Nation in relation to this. The Parliament or chamber in question must hold fresh elections within two months. The chamber or chambers dissolved cannot be dissolved again in this manner for 1-year following re-election, unless a governmental majority cannot be established in the lower chamber.
The King can address messages to the nation and/or the Parliament. They cannot be made the object of debate in Parliament.
The King is the Supreme Head of the Royal Armed Forces. This gives him the power to appoint to military offices and he can delegate this power to another person.
The King presides over the Superior Council of Security – a council for coordination concerning the strategies of internal and external security of the country, and management of crisis situations. Members of this council include the Prime Minister, President of the lower chamber of Parliament, President of the upper chamber of Parliament, President-Delegate of the Superior Council of the Judicial Power, Minister of the Interior, Minister of Foreign Affairs, and the Ministers responsible for Justice and administration of national defense. It also includes responsible persons of administrations competent in security matters, superior officers of the Royal Armed Forces, and any other person whose presence is useful to the work of the council.
The King accredits ambassadors to foreign states and international organs and receives ambassadors from foreign states and international organs.
The King signs and ratifies treaties. Treaties of peace or of union, those relative to delimitation of the frontiers, commercial treaties or those which engage in finances of the State or the application of which requires legislative measures, and treaties relative to the individual or collective rights and freedoms of citizens can only be ratified after having previously been approved by law.
The King, or the Head of Government, or the President of the lower chamber of Parliament, or the President of the upper chamber of Parliament, or at least one-sixth of the members of the lower chamber, or at least one-quarter of the members of the upper chamber, can ask the Constitutional Court to look into whether a treaty is contrary to the Constitution – if it is then the treaty may only be ratified upon amendment of the Constitution to allow such a treaty.
The King presides over the Superior Council of the Judicial Power. Magistrates’ appointments made by this council are approved by the King via Royal Decree.
The King has the right of pardon.
The King, via Royal Decree, can declare a State of Exception in cases where territorial integrity is threatened, or events are produced that obstruct regular functioning of the constitutional institutions. Before this though the King must first consult the Prime Minister, the Presidents of the chambers of Parliament, the President of the Constitutional Court, and address a message to the nation.
Exceptional powers from a declared State of Exception allow the King to take such special measures to protect territorial integrity and return to regular functioning of institutions within a short a time as possible. During exceptional powers the Parliament cannot be dissolved, and fundamental rights and freedoms guaranteed by the Constitution remain guaranteed.
A State of Siege can be declared under exceptional circumstances by royal decree, with countersign by the Prime Minister. A State of Siege can last no longer than 30-days unless extended by law through Parliament.
Prime Minister and Government
The Prime Minister is the Head of Government and is appointed by the King based on results of elections to the Assembly of Representatives (the lower chamber of Parliament). They choose the members of Government to be appointed, including to the Council of Ministers, who are appointed by the King. They can also demand the King terminate members of the Government or the King can suggest as such at his own initiative.
The Council of Ministers is the highest decision-making body of the executive Government. The King presides over the Council of Ministers and a meeting can be called either by the King or the Prime Minister. The King can delegate presidency of a meeting of the Council of Ministers to the Prime Minister, on a specific agenda.
The Council of Ministers deliberates on questions and texts that include things like the strategic orientations of State policy; bills to revise the Constitution; organic law bills; general orientations of the bill of the law of finance; framework laws that concern fundamental objectives of the economic, social, environmental and cultural activity of the State; the bill of law of amnesty; the bills of text relative to military domain; declaration of State of Siege; declaration of war; decision by the Head of Government to dissolve the lower chamber of Parliament under conditions of Article 104; making appointments to specified civil offices on proposal of Prime Minister and initiative of relevant Minister, such as for Wali of Bank Al-Maghrib, ambassadors, walis and governors, responsible persons of administrations charged with internal security, and responsible persons of the public strategic establishments and enterprises.
There is also a Council of Government that is presided over by the Prime Minister. It deliberates on questions and texts such as the general policy of the State before presentation to the Council of Ministers; public policies; sectorial policies; engagement of the responsibility of Government before the Chamber of Representatives; questions of current affairs regarding the Rights of Man and public order; bills of law, including of Law of Finance, before depositing it to the lower Chamber – the Council of Ministers is also involved in deliberations on the Law of Finance; decree-laws; drafts of regulatory decrees; and treaties and international conventions before they are submitted to the Council of Ministers.
The Council of Government also deliberates on the appointments of secretaries-general, central directors of the public administrations, and the deans and directors of the superior schools and institutes.
Ministers of Government are each responsible within the sector they have been appointed to for the implementation of Government policy. Ministers accomplish missions confided in them by the Prime Minister. Ministers render accounts to the Council of Government. Ministers can delegate part of their attributions to Secretaries of State.
After members of Government have been designated by the King, the Prime Minister will present and introduce his/her Government’s implementation program to a joint-sitting of the Parliament’s two chambers. The program delineates directive lines of action that the Government proposes to lead in various sectors of national activity, notably in domains concerned with economic, social, environmental, cultural, and foreign policy.
The program is debated by both chambers and then voted on by the Chamber of Representatives. If the program passes the vote, then the Government will be invested having obtained the confidence of the chamber. This requires the program to pass with an absolute majority of the vote.
Under the authority of the Prime Minister, the Government will implement the program. The Government will also assure the execution of laws, disposes the administration and supervises the public enterprises and establishments and assures their protection.
The Prime Minister exercises the regulatory power which they can delegate to certain other Ministers. Regulatory acts made by the Prime Minister are countersigned by the Minister/s concerned in order to have effect. The Prime Minister appoints to civil offices (with initiative of the concerned Minister/s) in the public administrations and to high functions of public establishments and enterprises – this power can also be delegated.
The Government must give a response to questions from Parliament within 20-days of having received them. The Prime Minister will present to the Parliament an accounting of governmental action either on his/her own initiative or on the demand of at least one-third of the members of the lower chamber or a majority of the upper chamber.
The Prime Minister can choose to engage the responsibility of the Government before the Chamber of Representatives (lower chamber), either on the declaration of public policy or on the vote of a text. Only an absolute majority can reject confidence. In the case that confidence is lost the Prime Minister and Government collectively resign.
The Prime Minister can also dissolve the Chamber of Representatives, done via a decree taken in the Council of Ministers, after consultation of the King, the President of the Chamber, and the President of the Constitutional Court. The Prime Minister will present before the chamber a declaration that concerns reasons for and objectives of the decision of dissolution.
The Chamber of Representatives themselves can bring forth a Motion of Censure against the Government to engage the responsibility of Government. It can only be received if signed by at least one-fifth of the members of the chamber. The motion is only approved by vote of an absolute majority of the members. In such a case where the motion is adopted then the Prime Minister and Government collectively resign and another Motion of Censure cannot be received for one-year afterwards.
The Legislature Â
The Parliament is bicameral meaning it is made up of two chambers. The Chamber of Representatives, which currently has 395 members, is the lower chamber while the Chamber of Councillors, which can have a minimum of 90 members and a maximum of 120 members (currently it has 120 members), is the upper chamber.
The Parliament exercises the legislative power. Legislative bills are introduced to the parliament by either the Government through the Head of State or by individual members of Parliament and voted on. Bills of law are deposited in priority with the Bureau of the Chamber of Representatives (lower chamber). Bills that are particularly relative to the Territorial Collectivities, to regional development and to social affairs are instead deposited in priority with the Bureau of the Chamber of Councillors (upper chamber).
The members of each chamber and the Government also have right of amendment. Following opening of debate the Government can oppose the examination of any amendment that has not previously been submitted to the interested commission.
If demanded by the Government, the Chamber referred to a text for discussion, decides by one sole vote on all or part of it, only retaining amendments proposed or accepted by the Government. The relevant Chamber can oppose this procedure via a majority vote.
Any bill or law proposal is examined successively by both Chambers of Parliament in a bid to reach the adoption of an identical text. Members of the lower Chamber can introduce their own bills which begin there, while members of the upper Chamber can introduce laws that begin in that Chamber. The text voted on by one Chamber and passed will see it transmitted to the other Chamber who will vote on it.
Organic laws that have been passed may only be promulgated after the Constitutional Court has decided they conform with the Constitution.
The Parliament also oversees the Government and its actions, and it evaluates public policies. In some cases, an enabling law may authorise the Government, for a limited time and for a specific objective, to take measures by decree that would usually be in the domain of the law (needing to be passed by Parliament first). Such decrees will have force of law but must eventually be submitted to Parliament for ratification within a timeframe set forth by the enabling law, otherwise the decree will eventually become null and void. The enabling law that allows such decrees ends after the set time period or lapses sooner if one or both chambers of Parliament are dissolved.
Article 71 of the Constitution establishes what is within the domain of the law. Matters outside of the domain of the law belong to the regulatory domain. Texts taken in legislative form may be modified by decree when they intervene in a domain devolved to the exercise of the regulatory power, although before any such decree the conforming opinion of the Constitutional Court is required.
The Government may also oppose the receivability of any proposal or amendment which is not of the domain of the law. If there is disagreement over this then the Constitutional Court will decide within 8-days on the matter, either at demand of one of the Presidents of a chamber of Parliament or the Prime Minister.
During interval of the sessions of Parliament, the Government can – with agreement of the Commissions of the two chambers concerned – decree-laws which must be later submitted to the following ordinary session of Parliament for ratification.
The law of Finance is voted on by the Parliament being introduced by the Government to the lower chamber first. If, by the end of the budgetary year, the Law of Finance has not been voted on or is not promulgated due to its submission to the Constitutional Court under provisions of Article 132 of the Constitution – the Government can use decree power to open the credits necessary for provision of the public services and exercise of their mission.
The Government can oppose receivability of any proposal or amendment formulated by members of Parliament when their adoption could affect, in relation to the Law of Finance, either diminishment of public resources, or creation or aggravation of public expenditure.
The President of the Chamber of Representatives and its bureau, as well as the presidents of the Permanent Commissions and their bureaus, are elected from among members by members at the start of the legislative term and then again on the 3rd year of that term. The election of the Bureau must be proportionally representative of the groups in the chamber.
The President of the Chamber of Councillors and its bureau, as well as the Presidents of their Permanent Commissions and their bureaus, are also elected at the beginning of the legislature and then again halfway through the term of the chamber. The bureau in this chamber must also be proportionally representative of the groups in the chamber.
The Bureau of each chamber will establish the agenda of its respective chamber. Including establishing bills and proposals of law by priority and order established by the Government. At least one day per month must be reserved for examination of law proposals from the opposition. Each chamber has one sitting per week reserved for questions towards the Government. One sitting per month is reserved for responses to questions on general policy from the Prime Minister. One annual sitting is reserved for the discussion and evaluation of public policies.
The King must promulgate laws passed by the Parliament within 30-days. But the King can choose to demand a new reading of any bill or proposed law which cannot be refused.
Parliamentary opposition has a number of rights laid out in the constitution. These include freedom of opinion, expression, and assembly; air time on official media that is proportional to their level of representation; benefit of public finance; effective participation in legislative procedure, such as by introducing legislation; government oversight such as by using motions of censure, interpellation of the Government, oral questions addressed to the Government, and Commissions of Inquiry to hold the Government to account for its work; and contribution to proposing candidates and election of members of the Constitutional Court, among other rights.
Members of Parliament have immunity apart from in cases where they express an opinion which challenges monarchic rule, the Muslim religion, or that constitutes an infringement of the due respect for the King.
An extraordinary session of Parliament can be called either by Royal Decree or by at least one-third of the members of the lower chamber or by at least half of the members of the upper chamber. Such extraordinary sessions are held on a specific piece of agenda.
The Ministers of Government have access to the chambers of Parliament and their commissions.
Commissions of Inquiry can be created either at the initiative of the King or by one-third of the members of either chamber of Parliament demanding it. Such commissions are formed to collect information on specific matters or on management of public services, enterprises, and establishments and will submit their findings back to the concerned chamber. On matters that have given rise to judicial prosecutions that are underway a Commission of Inquiry cannot be made on the matter and if one is ongoing it will be terminated.
Joint sessions of the Chambers are held on special occasions such as for the opening of the Parliamentary session by the King, adoption of revisions of the Constitution, declarations of the Prime Minister, for the presentation of the bill of the law of finance, and for speeches of foreign Heads of State and Government. The Prime Minister can also demand a joint-sitting for presentation of information bearing on matters that possess an important national character. The President of the Chamber of Representatives is President over a joint-sitting – internal rules of both chambers are taken into account for joint-sittings.
Judicial Power
Bodies and institutions of the Judicial Power include:
Superior Council of the Judicial Power
- Sees to the application of the guarantees accorded to the magistrates, especially concerning their independence, appointment, advancement, retirement, and discipline. Â
- Drafts reports on the state of justice and of the judicial system and presents appropriate recommendations. Â
- At the demand of either the King, the Government, or Parliament, the council emits its substantiated opinion on any question related to justice. Â
- Individual decisions of the council are susceptible to recourse for excess of power before the highest administrative jurisdiction of the Kingdom. Â
The council is presided over by the King and its members are: the First-President of the Court of Cassation as President-Delegate; the Procurator-General of the King before the Court of Cassation; the President of the First Chamber of the Court of Cassation; four representatives elected, from among them, by magistrates of the courts of appeal; six representatives elected, from among them, by the magistrates of the jurisdictions of first instance; among those ten representatives a proportional number proportional to their presence in the corps of the magistrature, must be female; the Mediator; President of the National Council of the Rights of Man; and five notable persons appointed by the King, recognised for competence, impartiality and probity, and distinguished contribution in favour of judicial independence and primacy of the law, one of the members will be proposed by the Secretary-General of the Superior Council of the Ulema.
Constitutional Court
- Decides on constitutional matters and arguments. Â
- It has 12-members which serve 9-year terms that cannot be renewed with each category of members being chosen in thirds every 3-years. Â
Of the members six are designated by the King one of whom is proposed by the Secretary-General of the Superior Council of the Ulema; and another six are elected, half by the lower chamber of Parliament and the other half by the upper chamber of Parliament from among candidates presented by their respective Bureaus, members of the chambers vote via secret ballot and elect by a majority of two-thirds.
The Constitutional Court can still function even if the relevant members are not elected in time by one or both chambers of Parliament – the court can exercise its attributions and render its decisions on basis of a quorum that does not count the members who have not been elected yet.
The President of the Constitutional Court is appointed by the King from among members composing the court.
Members chosen for this court are chosen from among notable persons disposing of a high attainment of knowledge in the juridical domain and of a judicial competence, doctrinal or administrative, having exercised their profession for more than 15-years, and who are recognised for their impartiality and their probity.
The Electoral System Â
Elections of the Assembly of Representatives (lower chamber) takes place every 5-years. 305 members are directly elected from multi-seat constituencies using a system of proportional representation whereby parties/groupings reaching a certain set threshold are guaranteed a proportional share of these seats. The other 90 seats are directly elected from a single nationwide constituency also using a system of proportional representation. 60 seats within the regional multi-seat constituencies are reserved for female candidates while 30 such seats are reserved for candidates under the age of 40.
The composition of the above chamber determines the appointment of the Prime Minister and as such the makeup of the executive Government.
Elections of the Assembly of Councillors (upper chamber) takes place every 6-years. Its current 120 members are elected – three-fifths of the members, representing local collectivities, are divided among regions of the Kingdom based on population size and based on equity between regions – one-third of these reserved to regions are elected by Regional Councils from among their own members – the remaining two-thirds are elected by an electoral college by members of the communal, prefectural and provincial councils.
The remaining two-fifths of the upper chamber members are elected from each region via electoral colleges composed of those from professional organisations and labour unions.
To vote in elections one must be a citizen of Morocco who is at least 18-years-old. Voting is not mandatory.
Sources
The source for this post comes from Morocco’s Constitution of 2011 (constituteproject.org) and so should be as up to date as possible. Of course there is always the chance I missed things, misinterpreted things, and the Constitution can later be amended which may make this post outdated. This is done as a hobby and is not meant for educational consumption in support of projects or work.
Proposal to amend the Constitution can be taken by either the King, the Prime Minister (after going through the Council of Government and then Council of Ministers) or introduced by members of either chamber of Parliament.
Constitutional amendments must be approved by a two-thirds majority of both chambers of Parliament and then pass a national referendum in order to be adopted.
Amendments to the Constitution cannot infringe on provisions relative to the Muslim religion, on the monarchic form of state, on the democratic choice of the Nation or on freedoms or fundamental rights. Â
Thank you for reading. If you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates.Â