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Morocco
 
Governments and Politics
THE MONARCHY
THE EXECUTIVE POWER
THE LEGISTALIVE POWER
MINISTRIES
FLAGS OF MOROCCO
EMBASSIES IN MOROCCO
Constitution Historical Summary Kings of Morocco Major events

ARTICLE 41:
The King, Commander of the Faithful, shall ensure respect for Islam. He shall be the guarantor of freedom of worship.
He shall preside over the Higher Ulema Council, which shall be entrusted with studying the issues submitted to it by the King.
The Council shall be the only body empowered to issue officially approved religious opinions (fatwas) on the issues submitted to it, based on the tolerant principles, precepts and objectives of Islam.
The powers, composition and functioning of the Council shall be defined by Dahir (Royal Decree).
The King shall exercise, by Royal Decree, the religious prerogatives inherent in the institution of the Commandership of the Faithful, which are exclusively assigned to him under this article.


ARTICLE 42:
The King, Head of State, Supreme Representative, symbol of the unity of the nation, guarantor of the permanence and continuity of the State and supreme arbitrator between institutions, shall ensure compliance with the Constitution, proper functioning of constitutional institutions, protection of the nation's democratic options and of the rights and freedoms of citizens and communities, as well as compliance with the international commitments of the Kingdom.
He shall be the Guarantor of the independence of the country and of the territorial integrity of the Kingdom, within its authentic borders.
The King shall perform these functions by Royal Decree, in accordance with the powers expressly vested in him by the Constitution.
Royal Decrees, except those provided for in Articles 41, 44 (second paragraph), 47 (first and sixth paragraphs), 51, 57, 59, 130 (first paragraph) and 174 shall be countersigned by the Head of Government.


ARTICLE 43:
The Moroccan Crown and the constitutional rights attached thereto shall be hereditary.
They shall be transmitted from father to son, by primogeniture for the direct male descendants of His Majesty King Mohammed VI, unless the King should designate, during his lifetime, a successor among his sons other than the eldest one.
Should there be no direct-line male descendant, the right of succession to the Throne shall, under the same conditions, pass on to the nearest male relative in the collateral branch.


ARTICLE 44:
The King shall be a minor until he has completed eighteen years of age.
During the King's minority, a Regency Council shall exercise the powers and constitutional rights of the Crown, except for those pertaining to the revision of the Constitution.
The Regency Council shall serve as an advisory body to the King until he has completed twenty years of age.
The Regency Council shall be presided over by the President of the Constitutional Court.
In addition to the President of the Constitutional Court, the Council's membership shall include the Head of Government, the Speaker of the House of Representatives, the Speaker of the House of Councilors, the Deputy Chairman of the Higher Council of the Judicial Power, and the Secretary-General of the Higher Ulema Council and ten persons appointed intuitu personae by the King.
The operating rules of the Regency Council shall be established in an organic law.


ARTICLE 45:
The King shall have a Civil List.


ARTICLE 46:
The person of the King shall be inviolable, and respect shall be due to him.


ARTICLE 47:
The King shall appoint the Head of Government from the party which won the most seats in the elections to the House of Representatives.
The King shall appoint the members of the Government on a proposal by the Head of Government.
The King may, on his own initiative, and after consulting the Head of Government, terminate the appointment of one or more members of the Government.
The Head of Government may ask the King to terminate the appointment of one or more members of the Government.
The Head of Government may request the King to terminate the appointment of one or more members of the Government upon their individual or collective resignation.
Following the resignation of the Head of Government, the King shall terminate the appointment of the entire Government.
The Government whose appointment has been terminated shall continue to dispatch current business until a new government is formed.


ARTICLE 48:
The King shall preside over the Council of Ministers, which shall comprise the Head of Government and the Ministers.
The Council of Ministers shall be convened by the King or at the request of the Head of Government.
Subject to a specific agenda, the King may delegate the chairmanship of a meeting of the Council of Ministers to the Head of Government.


ARTICLE 49:
The Council of Ministers shall consider:

  • the strategic orientations of state policy;
  • proposed revisions of the Constitution;
  • draft organic laws;
  • the general guidelines of the Finance Bill;
  • the draft framework law referred to in Article 71 (second paragraph) of the Constitution;
  • draft amnesty law;
  • draft texts relating to the military domain;
  • the declaration of state of siege;
  • the declaration of war;
  • the draft decree referred to in Article 104 of the Constitution;
  • the appointment, on a proposal by the Head of Government and at the initiative of the Minister concerned, to civil positions of: Wali of Bank Al Maghrib, Ambassadors, Walis, Governors, Heads of the services in charge of internal security, and officials in charge of strategic public institutions and State-owned corporations. An organic law shall specify the list of the strategic institutions and enterprises.


ARTICLE 50:
The King shall promulgate the law within thirty days after transmission to the Government of the definitively adopted law.
The law thus enacted must be published in the Official Gazette of the Kingdom, within a maximum period of one month, starting from the date of the Royal Decree promulgating.


ARTICLE 51:
The King may dissolve, by Royal Decree, both Houses of Parliament, or one of them, in accordance with Articles 96, 97 and 98.


ARTICLE 52:
The King may address messages to the nation and to Parliament. The messages shall be read out in both Houses, without debate thereon.


ARTICLE 53:
The King shall be the Supreme Commander of the Royal Armed Forces. He shall make appointments to military positions; he can delegate this right.


ARTICLE 54:
A Supreme Security Council shall be set up as a forum for consultation on strategies regarding the internal and external security of the country, and for the management of crisis situations. The Council shall also seek to institutionalize norms of good security governance.
The King shall preside over the Council. He may delegate the chairmanship of a Security Council meeting to the Head of Government, based on a specific agenda.
The Supreme Security Council shall include the Head of Government, the Speaker of the House of Representatives, the Speaker of the House of Councilors, the Deputy Chairman of the Higher Council of the Judicial Power and the ministers for Home Affairs, Foreign Affairs, Justice and the National Defense Administration, in addition to the officials in charge of security agencies, senior officers of the Royal Armed Forces and any other person whose participation may be deemed useful to the Council.
The internal regulations of the Council shall determine the rules for the Council's organization and operation.


ARTICLE 55:
The King shall accredit ambassadors to foreign nations and international organizations.
Ambassadors and representatives of international organizations shall be accredited to him.
The King shall sign and ratify treaties. However, treaties relating to peace, union with other states, border demarcation, trade agreements and treaties committing state finances or whose implementation requires legislation, as well as treaties relating to the individual and collective rights and freedoms of citizens, shall be ratified only after having been approved by law.
The King may submit to Parliament any other treaty before its ratification.
Should the Constitutional Court, in response to a request by the King, or by the Speaker of the House of Representatives, or by the Speaker of the House of Councilors, or by one sixth of the members of the first Chamber, or by a quarter of the members of the second Chamber, declare that an international commitment involves a provision which is inconsistent with the Constitution, the said text may not be ratified until the Constitution has been revised.


ARTICLE 56:
The King shall chair the Higher Council of the Judicial Power.


ARTICLE 57:
The King shall approve, by Royal Decree, the appointment of judges by the Higher Council of the Judicial Power.


ARTICLE 58:
The King shall have the right to grant pardon.


ARTICLE 59:
Should the territorial integrity of the nation be threatened, or should events occur which hinder the normal functioning of constitutional institutions, the King may, upon consulting the Head of Government, the Speaker of the House of Representatives, the Speaker of the House of Councilors and the President of the Constitutional Court, and after having addressed a message to the nation, declare the state of emergency, by Royal Decree.
The King shall have the right to take measures warranted by the defense of the territorial integrity of the nation, and a return, as quickly as possible, to a normal functioning of constitutional institutions.
Parliament shall not be dissolved during the exercise of emergency powers.
The fundamental rights and freedoms stipulated in this Constitution shall be guaranteed.
The state of emergency shall be lifted in accordance with the same procedures as those observed for its proclamation, and as soon as the circumstances which had warranted it exist no more.



 
 
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