A Reading of Morocco’s New Constitution

This study examines the new text of the Moroccan constitution, drafted in 2011, and analyzes both the context in which it arose and its formulation. Underlying this analysis is the premise that Moroccan constitutional legislators did not completely break from the previous constitutions. Under the new constitution, the monarchy has preserved its pivotal position within the constitutional structure while the authority controlled by the other three constitutional powers – the Parliament, the Cabinet, and the Judiciary – has expanded. This implies that no fundamental changes have been made to the deep-rooted structure of the division of powers, drawn up following Morocco’s first constitutional draft in 1962. Morocco’s new constitution has not been finalized, and needs time for it to be not only applicable, but also suitable. In order to avoid excessive inference into the constitutional text and further misunderstandings, this study has focused on an analysis of constitutional texts rather than analyzing the issue from a political science perspective. 

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Abstract

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This study examines the new text of the Moroccan constitution, drafted in 2011, and analyzes both the context in which it arose and its formulation. Underlying this analysis is the premise that Moroccan constitutional legislators did not completely break from the previous constitutions. Under the new constitution, the monarchy has preserved its pivotal position within the constitutional structure while the authority controlled by the other three constitutional powers – the Parliament, the Cabinet, and the Judiciary – has expanded. This implies that no fundamental changes have been made to the deep-rooted structure of the division of powers, drawn up following Morocco’s first constitutional draft in 1962. Morocco’s new constitution has not been finalized, and needs time for it to be not only applicable, but also suitable. In order to avoid excessive inference into the constitutional text and further misunderstandings, this study has focused on an analysis of constitutional texts rather than analyzing the issue from a political science perspective. 

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