1996 Constitution of Morocco

1996 Constitution of Morocco
Document name	1996 Constitution of Morocco
Date created	1996
Date ratified	1996
Jurisdiction	Morocco
System	Constitutional monarchy
Location of document	Rabat
Writers	Moroccan Parliament
Supersedes	1972 Constitution of Morocco

1996 Constitution of Morocco The 1996 Constitution of Morocco was a foundational legal instrument promulgated in Rabat under the reign of Hassan II of Morocco that rearticulated the role of the Monarchy of Morocco, the functions of the Parliament of Morocco, and the rights of Moroccan citizens in the context of regional and international commitments such as those involving the United Nations and the Arab League. Emerging amid pressures from National Rally of Independents constituencies, Socialist Union of Popular Forces, and civil society actors linked to Moroccan Association of Human Rights, the constitution sought to reconcile monarchical prerogative with demands for expanded legislative authority by political parties like the Istiqlal Party and the Justice and Development Party (Morocco). The document shaped Morocco’s relations with neighboring states including Algeria and institutions such as the African Union.

Historical background and adoption

The 1996 instrument followed earlier texts including the 1962 Constitution and the 1972 Constitution of Morocco and was framed during the late reign of Hassan II of Morocco against a backdrop of events such as the aftermath of the Green March era, tensions surrounding the Western Sahara conflict, and reforms prompted by interactions with the European Union and the World Bank. Political negotiation involved figures from the Istiqlal Party, the Socialist Union of Popular Forces, and independent deputies from regions like Casablanca, Fez, and Tangier. International actors including delegations from the Council of Europe and human rights NGOs such as Amnesty International and Human Rights Watch monitored adoption debates, while institutions like the Supreme Court of Morocco and the Constitutional Council (Morocco) awaited clarification of jurisdictional competences. The text was promulgated by royal decree after deliberation in the House of Representatives (Morocco) and the House of Councillors (Morocco).

Structure and main provisions

The constitution comprised titles and articles defining the form of state, the prerogatives of the Monarchy of Morocco, the composition of the Parliament of Morocco, and the guarantees for individual rights as framed alongside instruments like the Universal Declaration of Human Rights and treaties concluded with the United Nations Educational, Scientific and Cultural Organization. It organized executive authority, legislative procedure in the House of Representatives (Morocco), budgetary oversight by chambers representing regions such as Souss-Massa and Rabat-Salé-Kénitra, and the administrative decentralization to municipal councils in Marrakesh and Agadir. Provisions addressed frameworks for international treaties with signatories including France, Spain, and United States interlocutors.

Monarchy and powers of the King

The constitution reaffirmed the centrality of the Monarchy of Morocco and the role of Hassan II of Morocco as monarch at the time, codifying royal functions such as appointing the head of government, presiding over the Supreme Council of the Judiciary (Morocco), and representing Morocco before organizations like the Arab League and the United Nations. It specified the King’s authority to dissolve the House of Representatives (Morocco), to call elections, and to command the Armed Forces of Morocco while balancing these prerogatives with parliamentary mechanisms involving leaders from parties like the National Rally of Independents and the Istiqlal Party.

Rights and freedoms

The charter enumerated civil and political rights influenced by international instruments including the International Covenant on Civil and Political Rights and engaged with advocacy from groups such as the Moroccan Association for Human Rights. It addressed freedoms of expression in media outlets operating in Casablanca and Rabat, protections for religious practice oriented around Islam in Morocco and minority rights recognized by cultural bodies tied to the Hassani language and Amazigh advocates connected to the Amazigh cultural movement. Provisions included guarantees for property rights, labor rights relevant to unions like the General Union of Moroccan Workers, and procedural safeguards in criminal procedure under the supervision of courts such as the Courts of Appeal (Morocco).

Government and parliamentary system

The 1996 text defined a bicameral legislature comprising the House of Representatives (Morocco) and the House of Councillors (Morocco), detailed electoral procedures influenced by the Ministry of Interior (Morocco), and outlined government formation involving parties like the Socialist Union of Popular Forces, the Istiqlal Party, and newer formations including the Party of Progress and Socialism. It set budgetary prerogatives for the Ministry of Economy and Finance (Morocco), mechanisms for no-confidence motions, and administrative roles for regional governors appointed in prefectures such as Tangier-Assilah.

Judicial system and constitutional review

The constitution addressed the structure of the judiciary including the Supreme Court of Morocco and administrative tribunals, and referenced the emerging role of the Constitutional Council (Morocco) in adjudicating constitutionality of legislation and disputes between institutions like the Parliament of Morocco and the Monarchy of Morocco. It established frameworks for judicial independence interacting with legal professions such as the Bar Association of Morocco and for cooperation with international legal bodies including delegations from the International Association of Judges.

Amendments and legacy

The 1996 instrument became a basis for later revisions, notably amendments in 2011 following the regional wave associated with the Arab Spring and consultations involving Mohammed VI of Morocco, the Advisory Council on Human Rights, and international partners including the European Union. Its legacy influenced constitutional practice in areas like decentralization to regions such as Guelmim-Oued Noun, reform of the Constitutional Council (Morocco), and the evolving role of political parties including the Justice and Development Party (Morocco), shaping Morocco’s engagements with entities such as the African Union and bilateral partners like Spain and France.

Category:Constitutions of Morocco