Constitutional Text: Marocco 1972, Amended 1996

CONSTITUTION OF THE KINGDOM OF MOROCCO
MARCH 10, 1972, AS AMENDED TO OCTOBER 7, 1996
Preamble
An Islamic and fully sovereign state whose official
language is Arabic, the Kingdom of Morocco constitutes
a part of the Great Arab Maghreb.
As an African state, it has, among its objectives, the
realisation of African unity.
Aware of the need of incorporating its work within the
frame of the international organisations of which it has
become an active and dynamic member, the Kingdom of
Morocco fully adheres to the principles, rights and
obligations arising from the charters of such
organisations, as it reaffirms its determination to abide
by the universally recognised human rights.
Likewise, it reaffirms its determination to continue its
steady endeavours towards the safeguard of peace and
security in the world.
Chapter I
General Provisions. Basic Principles
Article 1. Morocco shall have a democratic, social and
constitutional Monarchy.
Article 2. Sovereignty shall be that of the People who shall exercise
it directly, by means of referendum, or indirectly, through the
constitutional institutions.
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Article 3. Political parties, unions, district councils and trade
chambers shall participate in the organisation and representation of
the citizens.
There shall be no one-party system.
Article 4. The law shall be the supreme expression of the will of the
Nation. All shall abide by it. The law shall have no retroactive effect.
Article 5. All Moroccan citizens shall be equal before the law.
Article 6. Islam shall be the state religion. The state shall guarantee
freedom of worship for all.
Article 7. The emblem of the Kingdom shall be a red flag with a
five-pointed green star in the center.
The motto of the Kingdom shall be: GOD, THE country , THE KING.
Article 8. Men and women shall enjoy equal political rights. Any
citizen of age enjoying his or her civil and political rights shall be
eligible to vote.
Article 9. The constitution shall guarantee all citizens the following:
(a) freedom of movement through, and of settlement in, all
parts of the Kingdom;
(b) freedom of opinion, of expression in all its forms, and of
public gathering;
(c) freedom of association, and the freedom to belong to any
union or political group of their choice.
No limitation, except by law, shall be put to the exercise of such
freedoms.
Article 10. No one shall be arrested, put into custody or penalised
except under the circumstances and procedures prescribed by law.
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The home shall be inviolable. Search warrant shall be issued and
investigation ordered under the conditions and procedures
prescribed by law.
Article 11. Secrecy of personal correspondence shall be preserved.
Article 12. Opportunities for employment in public offices and
positions shall be uniformly open to all citizens.
Article 13. All citizens shall have equal rights in seeking Education
and employment.
Article 14. The right of strike shall be guaranteed.
Conditions and ways of exercising such a right shall be defined by
an organic law.
Article 15. The right of private property and free enterprise shall be
guaranteed.
The law shall put limitations to its extent and use if so required by
the socio-economic development planned for the Nation.
No expropriation shall be ordered except under such circumstances
and provisions as prescribed by law.
Article 16. All citizens shall contribute to the defence of the
country .
Article 17. All citizens shall, according to their contributory power,
bear public costs which shall be enacted and allocated only by the
law, and in the manner stipulated in the provisions of the present
Constitution.
Article 18. All shall, in solidarity, bear the costs resulting from
disasters suffered by the Nation.
Chapter II
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Monarchy
Article 19. The King, “Amir Al-Muminin” (Commander of the
Faithful), shall be the Supreme Representative of the Nation and the
Symbol of the unity thereof. He shall be the guarantor of the
perpetuation and the continuity of the State. As Defender of the
Faith, He shall ensure the respect for the Constitution. He shall be
the Protector of the rights and liberties of the citizens, social
groups and organisations.
The King shall be the guarantor of the independence of the Nation
and the territorial integrity of the Kingdom within all its rightfull
boundaries.
Article 20. The Moroccan Crown and the constitutional rights
thereof shall be heriditary and handed down, from father to son, to
descendants in direct male line and by order of primogeniture
among the offspring of His Majesty King Hassan II, unless the King
should, during his lifetime, designate a successor among his sons
apart from the eldest one. In case of failing descendants in direct
male line, the right of succession to the Throne shall, under the
same conditions, be invested in the closest male in the collateral
consanguinity.
Article 21. The King shall be considered minor until he turns
sixteen. During the King’s phase of minority, a Regency Council
shall assume the powers of the constitutional rights of the Crown,
with the exception of those pertaining to the revision of the
Constitution.
The Regency Council shall serve as an advisory board to the King
until he turns twenty.
The Regency Council shall be presided over by the First President of
the Supreme Court. It shall include, in addition to its Chairman, the
President of the House of Representatives, the President of the
House of Counsellors , the Chairman of the Rabat and Salé Ulama
Council (of scholars), and ten dignitaries appointed with the King’s
own accord.
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Rules of procedure of the Regency Council shall be governed by an
organic law.
Article 22. The King shall be entitled to a Civil List.
Article 23. The person of the King shall be sacred and inviolable.
Article 24. The King shall appoint the Prime Minister.
Upon the Prime Minister’s recommendation, the King shall appoint
the other Cabinet members as he may terminate their services.
The King shall terminate the services of the Government either on
his own initiative or because of their resignation.
Article 25. The King shall preside over Cabinet meetings.
Article 26. The King shall promulgate a definitively adopted law
within the thirty days following its receipt by the Government.
Article 27. The King may dissolve the two Houses of Parliament or
one thereof by Royal Decree, in accordance with the conditions
prescribed in Articles 71 and 73.
Article 28. The King shall have the right to deliver addresses to the
Nation and to the Parliament. The messages shall be read out
before both Houses and shall not be subject to any debate.
Article 29. The King shall, by Royal Decrees, exercise the statutory
powers explicitly conferred upon him by the Constitution.
Royal Decrees shall be countersigned by the Prime Minister, with
the exception of those provided for in Articles 21 (Paragraph 2), 24
(paragraphs 1, 3 and 4), 35, 69, 71, 79, 84, 91, 99 and 105.
Article 30. The King shall be the Commander-in-chief of the Royal
Armed Forces. He shall make civil and military appointments and
shall reserve the right to delegate such a power.
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Article 31. The King shall accredit ambassadors to foreign nations
and international organisations. Ambassadors or representatives of
international organisations shall be accredited to him.
The King shall sign and ratify Treaties . However, Treaties committing
State finances shall not be ratified without having been approved
under the law.
Treaties likely to affect the constitutional provisions shall be
approved in accordance with the procedures prescribed for the
modification of the Constitution.
Article 32. The King shall preside over the Supreme Council of the
Magistracy, the Supreme Council of Education and the Supreme
Council for National Reconstruction and Planning.
Article 33. The King shall appoint magistrates in accordance with
the conditions prescribed in Article 84.
Article 34. The King shall exercise the right of granting pardon.
Article 35. Should the integrity of the national territory ever be
under threat or should any event interrupt the course of action of
the constitutional institutions, the King shall, after consulting with
the President of the House of Representatives and the president of
the House of Counsellors as well as the Chairman of the
Constitutional Council, and addressing the Nation, have the right to
declare a State of Emergency by Royal Decree.
Notwithstanding all contrary provisions, he shall hence assume the
responsibility of taking all the necessary measures for the country’s
defence and the restoration of a normal functioning of
constitutional institutions and State affairs.
The State of Emergency shall not entail the dissolution of the
Parliament.
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The State of Emergency shall be terminated according to the same
procedure followed in the proclamation thereof.
Chapter III
Organisation of the Parliament
Article 36. The Parliament shall be made up of two Houses, the
House of Representatives and the House of Counsellors. Members
of the Houses shall hold their mandate from the Nation. Their right
to vote shall be personal and cannot be delegated.
Article 37. Members of the House of Representatives shall be
elected for a six-year term by direct universal suffrage. The legal
legislative period shall end at the opening of the October session in
the fifth year following the election of the House.
The number of representatives as well as the voting system,
eligibility requirements, incompatibility cases, legal contentions
concerning elections shall be set out in an organic law.
The President shall be elected first at the beginning of the
legislative period, then at the April session in the third year of the
said period and for the remaining portion thereof.
Members of the Board shall be elected for one year; their number
shall be in proportion to their respective groups.
Article 38. For 3/5 of its membership, the House of Counsellors
shall consist of members elected in each region by electoral
colleges made up of elected members of trade chambers as well as
members elected at the national level by an electoral college
consisting of wage-earners’ representatives.
Members of the House of Counsellors shall be elected for a nineyear
term. One third of the House shall be renewed every three
years. In the first and second renewal operations, seats shall be
drawn by lot. The number of counsellors as well as the voting
system, the number of members to be elected by each electoral
college, the distribution of seats according to regions, eligibility
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requirements, incompatibility cases, balotting procedures
mentioned above and legal contentions concerning elections shall
be set out in an organic law.
The President of the House of Counsellors and members of the
Board shall be elected at the October session during each renewal
operation in the House. Members of the Board shall be elected in
proportion to the size of their respective groups.
Upon the setting up of the first House of Counsellors or upon its
election following the dissolution of the preceding House, the
President and the members of the Board shall be elected at the
beginning of the session which follows the election; they shall seek
renewal of their term of office at the beginning of the October
session during each renewal operation in the House.
Article 39. No member of Parliament shall be prosecuted, arrested,
put into custody or brought to trial as a result of expressing
opinions or casting a vote while exercising office functions, except
when the opinions expressed may be injurious to the monarchical
system and the religion of Islam or derogatory to the respect owed
the king.
During parliamentary sessions, no member of Parliament shall be
subject to prosecution or arrest for criminal charges or felonies,
besides those mentioned in the preceding paragraph, without
permission from the House except flagrante delicto.
Outside parliamentary sessions, no member of Parliament shall be
subject to arrest without permission from the Board of the House,
except flagrante delicto, or in the case of authorised prosecution or
final judgement.
The imprisonement or prosecution of a member of Parliament shall
be suspended if so required by the House, except flagrante delicto
or in the case of authorised prosecution or final judgment.
Article 40. The Parliament shall hold its meetings during two
sessions a year. The King shall preside over the opening of the first
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session which shall begin on the second Friday in October. The
second session shall begin on the second Friday in April.
When the Parliament convenes for at least three months during one
session, the session may be adjourned by decree.
Article 41. The Parliament may be convened in special session
either at the request of the absolute majority of the members of
one of the two Houses or by decree.
Special sessions of the Parliament shall be held on the basis of a
defined agenda. Once the agenda fully addressed, the session shall
be adjourned by decree.
Article 42. Cabinet members may attend the meetings of each
House and those of the committees thereof; they shall, in this
respect, have the right to commission their own assistants.
Apart from the standing committees referred to in the preceding
paragraph, parliamentary fact-finding committees may be
established on the King’s initiative or upon the request of the
majority of the members of one of the two Houses and within each
House , with the mission of inquiring about specific facts and
submitting findings thereon to that House.
There shall be no fact-finding committees in cases involving
prosecutions, and as long as these are being conducted.
The mission of any fact-finding committee which may be
established shall end with the opening of the judicial investigation
pertaining to the instances bringing about the establishment
thereof.
Fact-finding committees shall by nature be temporary. Their
mission shall end with the submission of their reports. The
functioning of these committees shall be governed by an organic
law.
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Article 43. Meetings of the Houses of Parliament shall be open to
the public. Proceedings of the debates shall be published in extenso
in the Gazette.
Each House may hold private meetings if so requested by the Prime
Minister, or by a third of its members.
Article 44. Each House shall establish and vote on its own Rules of
Procedure. These shall not, however, go into effect until they are
declared by the Constitutional Council as consistent with the
provisions of this Constitution.
Powers of the Parliament
Article 45. Legislation shall be voted on by Parliament. For a limited
period of time, and for a defined purpose, the Government may be
empowered by law to take, by decree, measures normally falling
within the purview of the law. Decrees shall become effective
immediately after the publication thereof; however, they shall be
submitted, for ratification, to the Parliament within the time limits
set by the empowering law. Should either House be dissolved, such
a law shall become void.
Article 46. In addition to jurisdiction matters explicitly assigned in
other articles of the Constitution, the Legislative Power shall have
competence in the following areas:
(a) the individual and collective rights enumerated in Chapter
One of the present Constitution;
(b) determining offences and the appropriate penalties, the
penal and civil procedure and the promulgation of new
categories of jurisdiction;
(c) the statute of magistrates;
(d) the general statute of public offices;
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(e) the fundamental guarantees granted civil and military
personnel;
(f) the electoral system of local assemblies and councils;
(g) the regulation of civil and commercial liabilities;
(h) the establishment of new public agencies;
(i) the nationalisation of enterprises or the transfer thereof
from the public to the private sector.
The Parliament shall be empowered to vote on basic laws pertaining
to the fundamental objectives of the activities of the State in
economic, social and cultural areas.
Article 47. Matters outside the purview of legislature shall come
under statutory jurisdiction.
Article 48. Legislated Bills may be amended by decree, with the
consent of the Constitutional Council and when they fall within the
jurisdiction of the authority holding statutory power.
Article 49. A state of martial law may be declared by Royal Decree
for a period of thirty days. This duration may be extended by law
only.
Article 50. The appropriation law shall be voted on by the
Parliament under conditions prescribed by an organic law.
Capital expenditures resulting from developement plans shall be
voted on only at the time the Parliament approves such plans.
These expenditures shall automatically be extended throughout the
period of the plan. The Government alone shall have the prerogative
to submit draft Bills aimed at modifying programmes thus adopted.
If, by the end of the fiscal year, the budget is not voted on or is not
promulgated as a result of its submission to the Constitutional
Council in accordance with Article 81, the Government shall, by
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decree and in accordance with the budgetary proposals submitted
for approval, be entitled to allocate funds necessary for the
operation of the public services and the exercise of the functions
thereof.
In such a case, revenues shall be collected in accordance with the
legislative and statutory prescriptions in force, except, however,
those revenues to be cancelled under the proposed appropriation
law. As for those to be cut down under the same law, they shall be
collected at the proposed new rate.
Article 51. Proposals and amendments introduced by Members of
Parliament shall not be acceptable when the adoption thereof might
affect the proposed I appropriation law by causing a decrease in
public resources, an increase in a public expenditure or the creation
of a new one.
The Exercise of the Legislative Power
Article 52. The right to introduce laws shall equally be granted the
Prime Minister and Members of Parliament.
Draft bills shall be laid on the table of one of the two Houses.
Article 53. The Government may declare the unsuitability of any
proposal or amendment considered outside the purview of the
legislative power.
In case of disagreement, the Constitutional Council shall take action
within a period of eight days upon request of one of the two Houses
or the Government.
Article 54. Draft bills and proposals shall be examined by the
acting committees whose work shall continue during the interval
between the sessions.
Article 55. During the recess periods, the Government may, in
agreement with the committees concerned, in both Houses, adopt
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ordinances which shall be submitted, for ratification, during the
following regular session of Parliament.
The draft bill shall be tabled in one of the two Houses. It shall be
considered successively by the relevant committees in both Houses
in order to reach a joined decision within a period of six days. In
case such a decision is not reached, steps shall be taken at the
request of the Government to set up a joint committee with equal
representation; it shall have three days to work out a joint decision
for submission to the relevant committees.
The agreement mentioned in the first paragraph of the present
article shall be considered as refused if the joint committee with
equal representation has not reached a decision within the time
limits mentioned above or if the decision proposed by the said
committee is not endorsed by the relevant committees within a
period of four days.
Article 56. The Board of each House shall prepare the agenda of the
House. Priority shall be given, in the order defined by the
Government, to the discussion of draft bills it introduces and
proposed laws accepted by it.
One meeting per week shall, by priority, be reserved in each House
for the questions of the members of the House and the
Government’s responses.
The Government shall give a reply within twenty days after their
receipt of the question.
Article 57. Members of each House, as well as the Government,
shall have the right to propose amendments. After the opening of
the debates, the Government may object to the examination of any
amendment not submitted, beforehand, to the acting committee
concerned.
If requested by the Government, the House in which the text under
discussion was tabled shall take action by single vote on the whole
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or part of the bill under discussion. Only amendments proposed or
accepted by the Government shall be considered.
Article 58. Any draft bill or proposed bill shall be considered
successively by the two Houses of Parliament, with a view to
adopting an identical text. The House in which the draft bill is
tabled first shall examine the text of the draft bill presented by the
Government or the text of the proposed bill on the agenda. A house
in which a bill already adopted by the other House is tabled, shall
deliberate on the draft referred to it.
If a draft bill or a proposed bill cannot be adopted after two
readings in each House, or if the Government proclaims that the
matter is urgent after only one reading in each House, the
Government may call a meeting of the joint committee with equal
representation which shall propose a draft on the remaining
provisions under discussion. The text drafted by the joint
committee may be submitted by the Government to the Houses for
adoption. No amendment shall be considered except with the
approval of the Government.
If the joint committee has not managed to adopt a joint bill or if the
bill has not been adopted or if the bill has not been adopted by the
two Houses, the Government may submit to the House of
Representatives the draft bill or the proposed bill as modified, if
necessary, in the light of amendments reached during
parliamentary debates and taken up by the Government. The House
of Representatives shall proclaim final adoption of the bill only with
the absolute majority of its members.
Provisions adopted by the House of Representatives in compliance
with Article 75, paragraph 2, shall be considered as endorsed by
the absolute majority of the House.
Organic laws shall be adopted and amended under the same
conditions. However the draft bill or the proposed bill for an
organic law shall not be submitted for discussion or voting at the
First House in which it is to be tabled until the end of a ten-day
period following its registration.
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Organic laws pertaining to the House of Counsellors shall be put to
the vote under the same conditions in both Houses.
Organic laws shall not be promulgated until the constitutional
Council issues a decision on their conformity with the Constitution.
Chapter IV
The Government
Article 59. The Government shall be composed of the Prime
Minister and Ministers.
Article 60. The Government shall be answerable to the King and the
Parliament.
After the appointment of the Cabinet members by the King, the
Prime Minister shall appear before each one of the two Houses, to
submit the programme to be carried out. Such a programme shall
clearly outline the policy to be adopted by the Government in
various areas of national activity, namely in economic, social,
cultural and foreign affairs.
This programme shall come under discussion in each one of the
two Houses. At the House of Representatives, it shall be put to the
vote in accordance with the provisions stipulated in paragraphs 2
and 3 of Article 75, and with the implications accounted for in the
last paragraph of the same Article.
Article 61. Under the Prime Minister’s responsibility, the
Government shall ensure the execution of the laws. All public
facilities shall be placed at the Government’s disposal.
Article 62. The Prime Minister shall have the right to introduce bills.
No draft bill shall be tabled, by his Department, in one of the two
Houses before it is debated in a Cabinet meeting.
Article 63. The Prime Minister shall exercise the administrative
powers.
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Decrees endorsed by the Prime Minister shall be countersigned by
the Ministers responsible for the implementation thereof.
Article 64. The Prime Minister may delegate some of his powers to
the Ministers.
Article 65. The Prime Minister shall be responsible for the coordination
of ministerial activities.
Article 66. The Cabinet shall be notified of the following, before
any relevant decision is taken:
(a) matters related to general policies of the State;
(b) declaration of martial law;
(c) Declaration of war ;
(d) requesting confidence from the House of representatives
to allow the Government to carry out their responsabilities
further;
(e) draft bills, before they are brought to one of the two
Houses;
(f) statutory decrees;
(g) decrees mentioned in Articles 40, 41, 45 and 55 of this
Constitution;
(h) draft plan;
(i) projects for revising this Constitution.
Chapter V
The Branches
Relations between the King and the Parliament
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Article 67. The King may request a second reading by the two
Houses of any draft bill or proposed law.
Article 68. A second reading shall be requested in a message. Such
a new reading shall not be refused.
Article 69. After a second reading, the King may, by Royal Decree,
submit any draft bill or proposed law to referendum, except in the
case of those submitted for a new reading which shall have been
adopted or rejected by a two-third majority of the members of each
one of the two Houses.
Article 70. The results of the referendum shall be binding upon all.
Article 71. After consulting with the Presidents of the two Houses,
and the Chairman of the Constitutional Council and addressing the
Nation, the King may decree the dissolution of the two Houses or of
one of them only.
Article 72. The election of the new Parliament or the new House
shall take place, at the latest, three months after such a dissolution.
The King shall, in the meantime, exercise the powers lying with the
Parliament in terms of law making, in addition to those conferred
upon him by this Constitution.
Article 73. When a House is dissolved, the one succeeding it shall
not be dissolved until a year after its election.
Article 74. The Declaration of war shall be announced after
notifying the House of Representatives and the House of
Counsellors.
Relations between Parliament and the Government
Article 75. The Prime Minister may engage the responsibility of the
Government before the House of Representatives through a vote of
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confidence regarding a statement on a general policy or a proposal
requesting the approval thereof.
Confidence shall be withdrawn and a bill rejected only by an
absolute majority vote of the Members of the House of
Representatives.
The vote shall be held three clear days after the matter of the vote
of confidence has been raised.
Withdrawal of confidence shall entail the resignation of the
Government in a body.
Article 76. The House of Representative may put into question the
pursuance of the Government’s responsibilities by adopting a
censure motion. Such a motion shall be acceptable only if signed by
at least one-fourth of the members of the House.
The censure motion shall be approved by the House of
Representatives only by an absolute majority vote of its members.
Voting shall take place three clear days only after the motion has
been introduced.
The vote for censure shall entail the resignation of the Government
in a body.
Should the Government be censured by the House of
Representatives, no other censure motion shall be acceptable
before a year has elapsed.
Article 77. The House of Counsellors may vote warning or censure
motions against the Government.
The warning motion must be signed by at least one third of the
members of the House of Counsellors. It shall be voted by the
absolute majority of the members of the House. Voting shall take
place three clear days after the motion has been introduced.
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The text of the warning shall be sent forthwith by the President of
the House of Counsellors to the Prime Minister who shall, within six
days, present before the House of Counsellors, the Government’s
position concerning the reasons which prompted the warning.
The government’s statement shall be followed by a debate without
a vote.
The censure motion shall not be introduced unless it is signed by at
least one third of the members of the House of Counsellors. It shall
be approved only after a vote by a 2/3 majority of the members of
the House. Voting shall take place three days after the motion has
been introduced.
The vote for censure shall entail the joint resignation of the
Government.
Should the Government be censured by the House of Counsellors,
no other censure motion shall be introduced in the House of
Counsellors before a year has elapsed.
Chapter VI
The Constitutional Council
Article 78. A Constitutional Council shall be established.
Article 79. The Constitutional Council shall be made up of six
members appointed by the King for a nine-year period.
Upon consultation with parliamentary groups, six other members
shall be appointed for the same period, half of them by the
President of the House of Representatives and the other half by the
President of the House of Counsellors. A third of each category of
members shall be renewed every three years.
The chairman of the Constitutional Council shall be selected by the
king among the members appointed by him.
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The Chairman and the members of the Constitutional Council shall
serve for a non renewable term of office.
Article 80. An organic law shall govern the organisation and work
of the Constitutional Council as well as the procedure it shall adopt,
particularly with respect to deadlines set for referred disputes.
Likewise, this organic law shall determine the functions which may
not be compatible with that of Council member, the conditions of
the first two renewals for a three-year term, as well as the
procedure for replacing inactive members, either as a result of
resignation or death during their term of office.
Article 81. The Constitutional Council shall perform the functions
assigned by the articles of the Constitution or the provisions of the
organic laws. It shall furthermore decide on the validity of the
election of the Members of Parliament and that of referendum
operations.
Organic laws – before promulgation – and the Rules of Procedure of
each House before implementation – shall be submitted to the
Constitutional Council to look into their consistence with the
Constitution. Before promulgation, laws may, for the same reason,
be referred to the Constitutional Council by the King, the Prime
Minister, the President of the House of Representatives, the
President of the House of Counsellors or one-fourth of the members
making up one House or the other.
The Constitutional Council shall have one month to decide upon the
special instances stated in the preceding two paragraphs. However,
in case of emergency, the deadline may be reduced to eight days if
so requested by the Government.
Regarding the above mentioned instances, referring law to the
Constitutional Council shall entail the suspension of the deadline of
the promulgation thereof.
No unconstitutional provision shall be promulgated or
implemented.
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Decisions of the Constitutional Council shall, in no way, be put into
question. They shall, furthermore, be binding upon all public
authorities, administrative and judicial sectors.
Chapter VII
The Judiciary
Article 82. The Judiciary shall be independent from the legislative
and executive branches.
Article 83. Sentences shall be passed and executed in the King’s
name.
Article 84. Upon recommendations made by the Supreme Council
of Magistracy, Magistrates shall be appointed by Royal Decrees.
Article 85. Magistrates in the bench shall be irremovable.
Article 86. The Supreme Council of Magistracy shall be presided
over by the King. It shall further consist of:
(a) the Minister of Justice as Vice-President;
(b) the First President of the Supreme Court;
(c) the Prosecutor General in the Supreme Court;
(d) the President of the First Chamber the Supreme Court;
(e) two representatives elected among magistrates of the
Court of Appeal;
(f) four representatives elected among magistrates of first
degree courts.
Article 87. The Supreme Council of Magistracy shall ensure the
implementation of the guarantees granted magistrates regarding
their promotion and discipline.
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Chapter VIII
The High Court of Justice
Article 88. Members of the Government shall be penally
responsible for crimes and felonies they may commit while
exercising their functions.
Article 89. They may be indicted by the two Houses of Parliament
and referred to the High Court of Justice for trial.
Article 90. The proposed draft for indictment must be signed by at
least a quarter of the members of the House in which it was tabled
first. It shall be examined successively by the two Houses and shall
be approved only when an identical vote is cast by each House by
secret ballot and a two-third majority of its members with the
exception of those members called upon to take part in conducting
the prosecution and the investigation process and issuing the
verdict.
Article 91. The High Court of Justice shall consist of equal numbers
of members elected from the House of Representatives and the
House of Counsellors. Its President shall be appointed by Royal
Decree.
Article 92. An organic law shall determine the number of the High
Court members, the method of their election and the Rules of
Procedure to be adopted.
Chapter IX
The Economic and Social Council
Article 93. An Economic and Social Council shall be established.
Article 94. The Economic and Social Council may be consulted by
the Government, as well as the House of Representatives and the
House of Counsellors on all matters of economic or social nature. It
shall give its opinion on the general guidelines pertaining to the
national economy and training programmes.
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Article 95. The constitution, organisation, prerogatives and rules of
procedure of the Economic and Social Council shall be determined
by an organic law.
Chapter X
The Audit Court
Article 96. The Audit Court shall be responsible for conducting
overall supervision of the implementation of the budget. It shall
ensure the sound conduct of receipt and expenditure operations
and evaluate the management of agencies placed under its control
by law.
It shall also take action, when necessary, against violation of the
rules governing such operations.
Article 97. The Audit Courts shall provide assistance to Parliament
and the government in its fields of competence as defined by the
law.
It shall report to the king on all its activities.
Article 98. Regional Audit Court shall be responsible for checking
the accounts and assessing the management of local governments
and their groups.
Article 99. The terms of reference, organisation and rules of
procedure of the Audit Court and regional Audit Courts shall be
determined by law.
Chapter XI
Local Government
Article 100. The local government of the Kingdom shall consist of
Regions, prefectures, provinces and communes. No other form of
local government may be established except by law.
24

Article 101. Local assemblies shall be elected to be responsible for
the conduct of their affairs on the basis of democratic principles
and in accordance with provisions defined by law.
Governors shall carry out decisions by provincial, prefelectoral and
regional assemblies in accordance with the conditions set by the
law.
Article 102. In the provinces, prefectures and regions, governors
shall represent the State and see to it that the law is enforced. They
shall be responsible for the implementation of Government
decisions and, to the end, for the management of local departments
of Government agencies.
Chapter XII
Revising the Constitution
Article 103. The king, the House of Representatives and the House
of Counsellors shall have the right to initiate a revision of the
Constitution.
The King shall have the right to submit, directly for referundum, the
revision project he may initiate.
Article 104. A proposal for revision submitted by one or more
members of one of the two Houses shall be adopted only if voted
on by a two-third majority of the members of the House concerned.
The proposal shall be submitted to the other House which may
adopt it by a two-third majority of its members.
Article 105. Revision projects and proposals shall be submitted to
the nation for referendum by Royal Decree.
A revision of the Constitution shall be definitive after approval by
referendum.
Article 106. Neither the State system of monarchy nor the
prescriptions related to the religion of Islam may be subject to a
constitutional revision.

Constitutional Text: Marocco 1972, Amended 1996

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Bills, Declaration of war, Education, Treaties, country.


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