It also combines coherence with modernity both in terms of form (180 - instead of 108 previously - Articles well-articulated under 14 Chapters) and in terms of modern wording of the Preamble, which is an integral part of the Constitution and of constitutional provisions (gender-sensitive approach).

Drawn up by Moroccans, for all Moroccans

The constitution was drawn up by Moroccans, for all Moroccans, following a democratic, inclusive and transparent approach. In a speech dated March 9, 2011, His Majesty set out a democratic frame of reference for a sweeping constitutional revision. 

Shortly, an Advisory Committee for the revision of the Constitution was established and tasked with scheduling hearing sessions, receiving memoranda of all stakeholders (political parties, trade unions, civil society groups and youth representatives) and preparing an innovative draft Constitution.

A political follow-up and consultation mechanism was also set up to ensure the effective participation of all political parties and trade unions in preparing the draft Constitution, from beginning to end.

Concerning the fundamental constituents of the diversified, open Moroccan identity, the new draft Constitution confirms the status of Morocco as a sovereign Moslem State, committed to the ideals of openness, moderation, tolerance and dialogue to foster mutual understanding among all civilizations. It stressed that the Nation’s unity is based on the fully endorsed diversity of its constituents: Arabic, Amazigh, Hassani, Sub-Saharan, African, Andalusian, Jewish and Mediterranean components.

It also ensures that the linguistic pact is grounded in pluralism and open attitude. In this respect, the official status of the Arabic language has been enhanced, and the Amazigh language has been granted an official status with a gradual integration process (schools and main public sectors).

The draft constitution adopted an active, harmonious linguistic and cultural policy geared towards the protection and promotion of national and official languages, and encouraging the learning of foreign languages which foster openness and permit access to the knowledge-based society.

The new text provided for the creation of a national Council for the promotion of languages and the Moroccan culture.

A full-fledged Charter of fundamental rights

The constitution represents a full-fledged Charter of fundamental rights and freedoms rooted in the universal frame of reference for human rights. It stipulates the primacy of the international conventions duly ratified by the Kingdom over domestic laws, prohibits all forms of discrimination on the basis of sex, color, creed, culture, social or regional background, language or disability.

The new text strengthens a full-fledged architecture of rights and freedoms worthy of advanced democratic societies namely the right to life, the right to personal security and that of property, the prohibition of torture and of all serious, systematic violations of human rights, the presumption of innocence and right to fair trial, the freedom of thought, of opinion and of expression, the freedom of the press  and right to access information, the freedom of assembly, peaceful demonstration and association and the freedom to join trade unions and political parties.

Moreover, the draft constitution expands economic, social and environmental rights (to which the State and all public authorities will be contributing) such as health, social protection, modern, accessible quality education, decent housing, a healthy environment and sustainable development.

The draft of the supreme law enhances gender equality through the confirmation of parity. Accordingly, It guarantees gender equality in civic, political, economic, social, cultural and environmental rights.

The new text also provides for the setting up of an Authority for the achievement of parity and the fight against all forms of discrimination and encourages women to have access to elected office through the use of legislation to implement affirmative action measures.

The new text enshrines national sovereignty and supremacy of the Constitution

The draft enshrines national sovereignty and supremacy of the Constitution since sovereignty lies with the nation which exercises it by referendum and through its representatives.

The draft constitution stipulates that the election of the representatives of the people to elected national, local and regional institutions will be by direct universal suffrage, through free, fair and transparent elections.

The Constitution maintains its supremacy over all powers, without exception, and any litigant can challenge the constitutionality of a law, a daring, pioneering measure which makes it possible for the citizens to realize that the Constitution is of their own making.

Separation of powers under a constitutional, democratic, parliamentary and social monarchy

The separation of powers is ensured under a constitutional, democratic, parliamentary and social monarchy. It is a citizen-based monarchy which upholds the nation’s basic policy objectives, fulfilling sovereignty and ultimate arbitration functions.

All references to the sacredness of the person of the King are deleted and replaced with the more modern notion of inviolability and the respect due to the King.

The new text provides a detailed explicit and differentiation of the King’s powers as Commander of the Faithful (in charge of the religious domain) and as Head of State, symbol of the nation’s unity and territorial integrity who performs arbitration functions and who guarantees the nation’s democratic choices and safeguards the country’s best interests.

The new draft Constitution stipulates that the government will emanate from an elected Parliament, and be placed under the authority of a Head of Government who exercises full executive power.

It outlines the democratic procedure for the appointment of the Head of Government, who is appointed by the King from among the party which wins the general elections and is endorsed by the absolute majority of the House of Representatives, to which the Head of Government shall be answerable.

Furthermore, it reinforces his status as a true Head of Government and not just a foremost minister. He is a true chief and leader of the cabinet, who will manage the administration, exercise real executive power and enjoy extensive prerogatives in terms of appointing senior civil servants.

Under the new draft, the Governing Council has become the forum for the definition and implementation of state policy. 

Regarding the parliament, it will be strengthened with enhanced powers to exercise the legislative power, enact laws, control the Government and assess public policies.

The two-chamber system will be kept with the supremacy of the House of Representatives which can on its own challenge the Government. The second Chamber now has a reduced membership as well as a local and regional mission. Trade unions and professional organizations are also represented in the second Chamber.

Referring to the legal field, it has increased from 30 subjects to 60, including 26 organic laws, particularly the guarantees relating to rights and freedoms, amnesty, the division into constituencies and all aspects of civil, economic and social life.

The draft constitution includes provisions for creating effective parliamentary control mechanisms for which the required quorums have been made more flexible: motion of censure, committees of inquiry, referral to the Constitutional Court, convening of a special session.

A flexible balance between the legislative and the executive branches is set which means that the Government is now answerable only to the House of Representatives. The latter can be dissolved not only by the King, by virtue of his prerogatives regarding arbitration and the guarantee of the proper functioning of institutions, but also by the Head of Government, through a decree.

The Judiciary becomes an Independent power

The draft guarantees the independence of the judiciary which ensures genuine protection of rights guaranteeing compliance with the law.  Accordingly, Judges are given basic, constitutionalized guarantees of independence. Their Status is reinforced by an organic law, and any kind of pressure or interference with their work is prohibited.

The judiciary’s cornerstone is the Supreme Council for Judicial Power. It is chaired by the King, who ensures, in particular, that the guarantees granted to judges are enforced.

The new Constitution introduces three basic features namely entrusting the vice-presidency to the President of the Court of Cassation, instead of the Minister of Justice, (there is also enhanced representation of women judges), and opening membership to well-known figures in the area of championing the independence of the Judiciary, in addition to the fact that, beyond judges’ career management, the extended powers cover control and assessment of the judiciary and of the administration of justice.

By virtue of the draft constitution, the constitutional Court will serves as the watchdog of constitutional supremacy. Half its members are now elected by both Houses of Parliament, its powers have been extended to checking the constitutionality of conventions and the referral is open to the public.

Enhanced constitutional status of the stakeholders involved in  democratic life

The new text enhances constitutional status of the stakeholders involved in  democratic life and in the citizen-based participatory democracy.
It confirms the key role of political parties in democratic life through the contribution to the exercise of the right to vote and participation in the exercise of power, based on pluralism and democratic alternation in the exercise of political power.

The new draft of the supreme law also comprises functioning methods that are consistent with democratic principles, and no dissolution or suspension can be ordered without a court ruling.

It Sets up a special system and effective mechanisms for parliamentary opposition in order to enhance its status and role in enriching parliamentary action, in terms of both legislation and control. It also enjoys equitable access to state media, entitlement to public funding, actual participation in the control of Government and in parliamentary committees of inquiry.

The new text strengthens the role of trade unions as levers of social democracy, and as political players by maintaining their presence in the second Chamber.

It recognizes the status and role of civil society and NGOs as stakeholders in participatory democracy, at national, local and community levels.

The new Constitution confirms the status and role of the media in promoting democracy as well as citizens’ rights and freedoms through guaranteeing press freedom and the right to information and adopting democratic regulatory measures for, and organization of, the press and audiovisual communication sectors, including audio-visual means (the HACA enshrined in the Constitution).

Moreover, it provides for creating new forums for participatory democracy involving education, the family and children, youth and civic associations.

Regional and local democracy, and advanced regionalization

Advanced regionalization and the redistribution of powers between constitutional institutions are enshrined in the constitution which paves the way for a country with united regions, based on a democratic reorganization of powers between the State and the regions.

The new text confirms the basic principles underlying the Moroccan regionalization system namely national, local and regional unity, balance, solidarity and democratic practices; election of regional councils by direct suffrage and right of petition; principles of self-management and subsidiarity and transferring the executive power of these councils to their presidents; in addition to the fact that the regional Council will serve as a college for election to the House of Councillors.

The constitutional basis for a new local and regional setup in the Kingdom is thus conducive to substantial devolution of powers from the central authority to the regions with several forms of partnership and contractual relationships between the State and the regions, and between local governments, and development and devolution of central powers.

The draft includes provisions for the creation of a regional equalization fund and of a fund for the social overhauling of regions.

Good governance, integrity in public institutions and economic rule of law

The new draft constitution sets fundamental principles in the area of good governance, integrity in public institutions and economic rule of law which means that there is a relationship between office-holding, public office and accountability, and the principle of the balance of public finances is constitutionalized.

It also confirms the basic principles of social market economy and economic rule of law mainly the right to property, free enterprise and free competition, and the prohibition of conflicts of interest, of insider trading and of practices that are contrary to the principles of free and fair competition in economic relations.

Strong measures to promote transparency are included as well as the fight against corruption such as sanctioning all forms of wrongdoing in the management of public funds, corruption and influence peddling.

The new text strictly prohibits party-switching by parliamentarians, both with respect to parties and parliamentary groups (this will contribute to the rehabilitation of politics and give meaning to voting), and restricts the benefit from immunity (limited to the expression of opinion and to voting in Parliament) and ensures equality of all before the law (as a result of cancelling the High Court, previously meant as a court for ministers).

The draft strengthens good governance in the area of security via the setting up of a Supreme Strategic Security Council as a consultative institution which deals with the country’s internal and external security strategies, as well as with the management of crisis situations. The Council also institutionalizes standards for good security governance.

The Competition Council and the national authority for integrity and for the prevention and fight against corruption are also enshrined in the Constitution, in addition to other independent institutions for the protection and promotion of human rights, good governance and regulation, especially an independent council for human rights and the Al Wasseet (Ombudsman) institution.