A Study on Moroccan Constitutional System: Modern Elements and Structural Features

Ding Chenxi

Area Studies ›› 2024 ›› Issue (5) : 72-108.

A Study on Moroccan Constitutional System: Modern Elements and Structural Features

  • Ding Chenxi
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Abstract

The Moroccan constitutional system serves as a quintessential example of a “composite constitution”, seamlessly blending traditional and modern elements. The traditional component traces its origins to Morocco's historical “Commander of the Faithful” institution and its continuation in the constitutional text, while the modern elements are adopted from the mixed system of the French Fifth Republic. Existing literature lacks systematic research on the modern elements of Morocco's constitutional system from the perspectives of comparative constitutional law and legal transplantation. The 1962 Constitution of Morocco was transplanted from the 1958 Constitution of France, bearing similarities to the constitutional framework of the Fifth French Republic. However, compared to the French President, the King of Morocco enjoys greater power. The constitutional practice of the 1962 system has never experienced a “divided majority” or “co-habitation” situation, and the country's political system exhibits characteristics of a “super-presidential system” with dominant royal power. In terms of the structure of executive power, the King leads the executive branch with singular dominance. In the structure of legislative power, the King has numerous powers to influence and intervene in legislation. Regarding the relationship between the government and parliament, the “rationalized parliamentarism” transplanted from France has led to an imbalance in the parliament's ability to check the government. Although the constitutional transplantation has introduced modern elements into Morocco's political system, limitations still exist.

Key words

Moroccan Constitution / French Constitution / Legal Transplant

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Ding Chenxi. A Study on Moroccan Constitutional System: Modern Elements and Structural Features. Area Studies. 2024, 36(5): 72-108

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