The monarchy has new clothes
It is a little over a year since the Moroccan people gave its approval for a new constitution.A new sacred law for the country, initiated by the Head of State, who laid out the broad lines in his speech of March 9, 2011, responding to claims made by political parties and civil society over the past twenty years.
Source : https://www.marocafrik.com/english/The-monarchy-ha...
Human Rights, Amazigh question, governance, accountability, equality ... In this innovative text, attention is mainly focused on a big decision: that the King's power-sharing with other institutions that are the Executive , Parliament and Justice. And for good reason, 49 years after the first Constitution of 1962, Morocco was going to live a different system from what it had experienced in the past. An act of political courage on the part of the head of state, while under no obligation to make so many concessions.
So what are the new clothes of the monarchy? The King keeps there as much power as in the previous constitutions and especially how they exercise it? As for exercise, it is still early to tell, as argued by the constitutionalist and former Minister Khalid Naciri. "The discussion of the implementation of the Constitution has not yet reached its full potential," he says.
Almost all of the 20 organic laws necessary for the implementation of the Constitution have not yet been promulgated. "We still need a year or two for the whole constitutional system is in place and enforced," he adds. There remains, however, a minister of this government said, a Constitutional custom is being set up. "And it is this custom that will solve the unsaid of the Constitution." Also, he says, whether the king or head of government, and to a lesser extent Parliament, each brings his new powers with caution. "Each of the three institutions, the monarchy, the executive and legislative branches, gives maximum guarantees of compliance with the text of the Constitution," said Khalid Naciri.
But still, how to define the powers of Mohammed VI today? "They stay in three dimensions: that of Commander of the Faithful, that of head of state and the referee," said Naciri. So no change on this plan? In fact, it's all in how they are broken. At this level, a novelty, size, be noted. "The constitutional text, for the first time, clarified the power of the King," observes Baniyahia Abderrahmane, a constitutional law professor at the University Hassan II in Casablanca.
The new basic law, he says, states that the King's powers are those set by the written Constitution. Thus, "we will no longer seek an extrapolation of powers outside the constitutional text," he says. And it was, in fact, observed in this first year of implementation of the Constitution. "Clearly, the King does not derogate from what is in the constitutional text," notes Khalid Naciri. Also adds Bamohammed Najib, a constitutional law professor and former member of the Royal Commission for the revision of the Constitution (CRC), "the recent remodeling allows a clear readability Constitutional powers of the King. For example, the monarch can not argue its religious legitimacy to intervene in the secular sphere. "
There is no law that is not passed by Parliament: the end of dahirs-laws?
It is also one of the key points of this new era. "The separation between the function of Commander of the Faithful King and head of state is a major advance that has not been well understood," the lawyer is surprised Mr. Baniyahia. In other words, the purely political prerogatives, hitherto mixed in the same article with those of a religious nature are now carefully distinguished and appear in section 42.
In detail, the new Constitution grants the monopoly of the management of the religious field to the King, assisted by the Ulema Council, constitutionalised as aninstitution for the first time. The King shall decree the prerogatives inherent in the religious institution of the commander of the faithful entrusted to it exclusively, stated in Article 41.
On the political front, another major contribution of the new constitutional text: the King can not legislate as before. Certainly, the laws passed by Parliament continue to be promulgated in the Official Gazette by decree, but the King is now prevented from enacting a Dahir law as before, where the legislation is not discussed in Parliament. "The law is passed by Parliament. There is no law that is not, "said Abderrahmane Baniyahia. Also, note the other hand the former Minister Khalid Naciri, "the executive is strictly assigned to the government, either the executive or the proper regulatory authority."
However, one notes that "everything must go through the Strategic Council of Ministers. In other words, everything about the institutions, the reinforcement of the political system, major economic decisions, through the Cabinet, beginning with the organic laws. " The Constitution leans towards saving the monarch's powers regarding the decisions that can change the structure of the constitutional system of Morocco. "But nothing precludes this change when the King agreed." In short, says Mr. Baniyahia, "Parliament has the monopoly of publishing laws, the government has the publishing of the regulations. The powers that the Constitution gives the King, is neither in the statutes nor the regulations. " The scope of its powers, however, remains wide.
A parliamentary system in the making?
Among the powers that are already in the old texts of the Constitution, are the responsibilities of the monarch as a "symbol of national unity, guarantor of the permanence and continuity of the state", as it is responsible for "ensuring compliance with the Constitution, the rights and freedoms of citizens and communities." Finally, it is "the guarantor of national independence and territorial integrity of the Kingdom in its authentic borders." The Constitution of 2011 added a few additional tasks to the King: two of them are in the parliamentary logic introduced in this new fundamental law. It was added as a final arbiter between the state institutions, responsible for the King to ensure the "proper functioning of constitutional institutions, protection of democratic choice, citizens and communities and respect of international commitments ".
For this function of supreme arbiter, non-political responsibility. In a work of analysis on the new Constitution, the two researchers and Abdellah Azzouzi and André Cabanis ) are the powers of the King the following analysis: "What are the powers of a parliamentary head of state with the additional continuity brings life and character of hereditary power over presidents elected for a limited time. Similarly, the fact that the king's person enjoys inviolability (Article 46) is now the logic of parliamentary monarchy. The inviolability was related in the old constitution to sanctity. This qualifier has been removed, the inviolability changes character: it is a consequence of the possibility of the irresponsibility of a King in a parliamentary system. "
Another aspect of the reconfiguration of the royal, power the creation of a second body, except the council of ministers, bringing together ministers and real powers: the governing council chaired by the head of government. For it must be said, before the new Constitution, the governing council had no power to validation, it needed only examine the drafts and to study the cases submitted by the ministers. Again, the Constitution is shown in the careful allocation of powers between the two institutions. The chief minister has learned the hard way from the early days of his appointment. Abdelilah Benkirane announced in one of his statements that the government program would pass by the Cabinet. "It was probably to make an asset of royal approval for the vote in Parliament, but he meant that the program does not commit the government," Abderrahmane Baniyahia said. Section 49 is also fixed, so limiting, themes that are subject of deliberation in Cabinet.
New legal standards to be created by the Constitutional Court?
What about the other powers of the King? All constitutions since 1962, recognize that the King has the right to appoint "to the civil and military." Now, this prerogative is limited to "military jobs." Parliament has, however, to adopt an organic law of the offices for civilians whose appointment authority is decided at Cabinet: They are in number 39, while those under the strict authority of the head of government are beyond the 1400 positions.
The new Constitution of 2011 ended on a bizarre note: Morocco is one of the few countries where the head of state does not preside over a board or committee of national security. In recent months, therefore, the King presided over a newly created instance: the Supreme Council of Security (art 54). Of course, the King has other powers that it is difficult to cite exhaustively. Indeed, in addition to his powers exercised as Amir Al Mouminine in religious and prerogatives of head of state in civil matters, the arbitral dimension is always present in his actions. The last time he used this prerogative was at the mini-crisis caused by the specifications of audiovisual, that shook the government coalition.
Finally, and clearly, the Constitution of 2011 ensured, even with regard to the absolute powers of the monarch, to set up political barriers. So is it the government's reference, which becomes more difficult in the sense that its leader is chosen from the leading party in the elections, so desired by the people. So he still have the right to dissolve Parliament, which becomes more difficult to exercise, or the promulgation of the state of exception .In sum, the King now holds specific powers delineated and / or supervised by a number of conditions. Despite this, said Abderrahmane Baniyahia, one can always detect the blur in the Constitution. And this is up to the future Constitutional Court to interpret the Constitution and create new legal standards.
Everything is in the interpretation of the text. And obviously the Sovereign wants that to happen as it is the most democratic way. He raised in his last speech from the Throne (July 30, 2011), " We consider that any practice or interpretation inconsistent with its democratic essence would be an unacceptable transgression, contrary to the common will of the King and the people. " In the same speech, the Sovereign also indicated that the subsequent step of the Constitution: "(...) to ensure optimal implementation, in letter and in spirit of this Constitution which we are committed and we are the guarantor, ensuring its proper implementation. " During these first 13 months of the promulgation of the constitution, the monarchy, said Khalid Naciri, "complies with maximum emphasis on rigor and constitutional arrangements. This is a major educational gesture given by the King to all institutions. "
Because, says Naciri, we passed a constitutional system to another substantially different. The Constitution of 2011, unlike the previous one (because it considers the five constitutions experienced by Morocco since independence are merely variants of one) "represents a new political and institutional repository". This is a "truly innovative context that affects the distribution of power." Separation, collaboration and the balance of power, in fact.
Thus, says Najib Bamohammed constitutional , Article 1 of the clear direction of the consitution is deduced from a measured definition: "Morocco is a constitutional monarchy, democratic, parliamentary and social. The constitutional system of the Kingdom is based on the separation, balance and collaboration between them (...) ". Is this a scheme of modernization of institutions in a process of revision of the central monarchy in favor of the affirmation of the role, function and responsibility of legislative, executive and judicial?, he wonders. Yes, "since, unlike the 1996 Constitution, the" power "is no longer an exclusive concept of royalty which characterises the Parliament, Government and Justice, erected in the legislative, executive and judicial."
lavieeco.
So what are the new clothes of the monarchy? The King keeps there as much power as in the previous constitutions and especially how they exercise it? As for exercise, it is still early to tell, as argued by the constitutionalist and former Minister Khalid Naciri. "The discussion of the implementation of the Constitution has not yet reached its full potential," he says.
Almost all of the 20 organic laws necessary for the implementation of the Constitution have not yet been promulgated. "We still need a year or two for the whole constitutional system is in place and enforced," he adds. There remains, however, a minister of this government said, a Constitutional custom is being set up. "And it is this custom that will solve the unsaid of the Constitution." Also, he says, whether the king or head of government, and to a lesser extent Parliament, each brings his new powers with caution. "Each of the three institutions, the monarchy, the executive and legislative branches, gives maximum guarantees of compliance with the text of the Constitution," said Khalid Naciri.
But still, how to define the powers of Mohammed VI today? "They stay in three dimensions: that of Commander of the Faithful, that of head of state and the referee," said Naciri. So no change on this plan? In fact, it's all in how they are broken. At this level, a novelty, size, be noted. "The constitutional text, for the first time, clarified the power of the King," observes Baniyahia Abderrahmane, a constitutional law professor at the University Hassan II in Casablanca.
The new basic law, he says, states that the King's powers are those set by the written Constitution. Thus, "we will no longer seek an extrapolation of powers outside the constitutional text," he says. And it was, in fact, observed in this first year of implementation of the Constitution. "Clearly, the King does not derogate from what is in the constitutional text," notes Khalid Naciri. Also adds Bamohammed Najib, a constitutional law professor and former member of the Royal Commission for the revision of the Constitution (CRC), "the recent remodeling allows a clear readability Constitutional powers of the King. For example, the monarch can not argue its religious legitimacy to intervene in the secular sphere. "
There is no law that is not passed by Parliament: the end of dahirs-laws?
It is also one of the key points of this new era. "The separation between the function of Commander of the Faithful King and head of state is a major advance that has not been well understood," the lawyer is surprised Mr. Baniyahia. In other words, the purely political prerogatives, hitherto mixed in the same article with those of a religious nature are now carefully distinguished and appear in section 42.
In detail, the new Constitution grants the monopoly of the management of the religious field to the King, assisted by the Ulema Council, constitutionalised as aninstitution for the first time. The King shall decree the prerogatives inherent in the religious institution of the commander of the faithful entrusted to it exclusively, stated in Article 41.
On the political front, another major contribution of the new constitutional text: the King can not legislate as before. Certainly, the laws passed by Parliament continue to be promulgated in the Official Gazette by decree, but the King is now prevented from enacting a Dahir law as before, where the legislation is not discussed in Parliament. "The law is passed by Parliament. There is no law that is not, "said Abderrahmane Baniyahia. Also, note the other hand the former Minister Khalid Naciri, "the executive is strictly assigned to the government, either the executive or the proper regulatory authority."
However, one notes that "everything must go through the Strategic Council of Ministers. In other words, everything about the institutions, the reinforcement of the political system, major economic decisions, through the Cabinet, beginning with the organic laws. " The Constitution leans towards saving the monarch's powers regarding the decisions that can change the structure of the constitutional system of Morocco. "But nothing precludes this change when the King agreed." In short, says Mr. Baniyahia, "Parliament has the monopoly of publishing laws, the government has the publishing of the regulations. The powers that the Constitution gives the King, is neither in the statutes nor the regulations. " The scope of its powers, however, remains wide.
A parliamentary system in the making?
Among the powers that are already in the old texts of the Constitution, are the responsibilities of the monarch as a "symbol of national unity, guarantor of the permanence and continuity of the state", as it is responsible for "ensuring compliance with the Constitution, the rights and freedoms of citizens and communities." Finally, it is "the guarantor of national independence and territorial integrity of the Kingdom in its authentic borders." The Constitution of 2011 added a few additional tasks to the King: two of them are in the parliamentary logic introduced in this new fundamental law. It was added as a final arbiter between the state institutions, responsible for the King to ensure the "proper functioning of constitutional institutions, protection of democratic choice, citizens and communities and respect of international commitments ".
For this function of supreme arbiter, non-political responsibility. In a work of analysis on the new Constitution, the two researchers and Abdellah Azzouzi and André Cabanis ) are the powers of the King the following analysis: "What are the powers of a parliamentary head of state with the additional continuity brings life and character of hereditary power over presidents elected for a limited time. Similarly, the fact that the king's person enjoys inviolability (Article 46) is now the logic of parliamentary monarchy. The inviolability was related in the old constitution to sanctity. This qualifier has been removed, the inviolability changes character: it is a consequence of the possibility of the irresponsibility of a King in a parliamentary system. "
Another aspect of the reconfiguration of the royal, power the creation of a second body, except the council of ministers, bringing together ministers and real powers: the governing council chaired by the head of government. For it must be said, before the new Constitution, the governing council had no power to validation, it needed only examine the drafts and to study the cases submitted by the ministers. Again, the Constitution is shown in the careful allocation of powers between the two institutions. The chief minister has learned the hard way from the early days of his appointment. Abdelilah Benkirane announced in one of his statements that the government program would pass by the Cabinet. "It was probably to make an asset of royal approval for the vote in Parliament, but he meant that the program does not commit the government," Abderrahmane Baniyahia said. Section 49 is also fixed, so limiting, themes that are subject of deliberation in Cabinet.
New legal standards to be created by the Constitutional Court?
What about the other powers of the King? All constitutions since 1962, recognize that the King has the right to appoint "to the civil and military." Now, this prerogative is limited to "military jobs." Parliament has, however, to adopt an organic law of the offices for civilians whose appointment authority is decided at Cabinet: They are in number 39, while those under the strict authority of the head of government are beyond the 1400 positions.
The new Constitution of 2011 ended on a bizarre note: Morocco is one of the few countries where the head of state does not preside over a board or committee of national security. In recent months, therefore, the King presided over a newly created instance: the Supreme Council of Security (art 54). Of course, the King has other powers that it is difficult to cite exhaustively. Indeed, in addition to his powers exercised as Amir Al Mouminine in religious and prerogatives of head of state in civil matters, the arbitral dimension is always present in his actions. The last time he used this prerogative was at the mini-crisis caused by the specifications of audiovisual, that shook the government coalition.
Finally, and clearly, the Constitution of 2011 ensured, even with regard to the absolute powers of the monarch, to set up political barriers. So is it the government's reference, which becomes more difficult in the sense that its leader is chosen from the leading party in the elections, so desired by the people. So he still have the right to dissolve Parliament, which becomes more difficult to exercise, or the promulgation of the state of exception .In sum, the King now holds specific powers delineated and / or supervised by a number of conditions. Despite this, said Abderrahmane Baniyahia, one can always detect the blur in the Constitution. And this is up to the future Constitutional Court to interpret the Constitution and create new legal standards.
Everything is in the interpretation of the text. And obviously the Sovereign wants that to happen as it is the most democratic way. He raised in his last speech from the Throne (July 30, 2011), " We consider that any practice or interpretation inconsistent with its democratic essence would be an unacceptable transgression, contrary to the common will of the King and the people. " In the same speech, the Sovereign also indicated that the subsequent step of the Constitution: "(...) to ensure optimal implementation, in letter and in spirit of this Constitution which we are committed and we are the guarantor, ensuring its proper implementation. " During these first 13 months of the promulgation of the constitution, the monarchy, said Khalid Naciri, "complies with maximum emphasis on rigor and constitutional arrangements. This is a major educational gesture given by the King to all institutions. "
Because, says Naciri, we passed a constitutional system to another substantially different. The Constitution of 2011, unlike the previous one (because it considers the five constitutions experienced by Morocco since independence are merely variants of one) "represents a new political and institutional repository". This is a "truly innovative context that affects the distribution of power." Separation, collaboration and the balance of power, in fact.
Thus, says Najib Bamohammed constitutional , Article 1 of the clear direction of the consitution is deduced from a measured definition: "Morocco is a constitutional monarchy, democratic, parliamentary and social. The constitutional system of the Kingdom is based on the separation, balance and collaboration between them (...) ". Is this a scheme of modernization of institutions in a process of revision of the central monarchy in favor of the affirmation of the role, function and responsibility of legislative, executive and judicial?, he wonders. Yes, "since, unlike the 1996 Constitution, the" power "is no longer an exclusive concept of royalty which characterises the Parliament, Government and Justice, erected in the legislative, executive and judicial."
lavieeco.
Source : https://www.marocafrik.com/english/The-monarchy-ha...