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Tesi etd-11252019-224432


Thesis type
Tesi di dottorato di ricerca
Author
EL KHAMLICHI, MOHAMMED
URN
etd-11252019-224432
Title
Authority Executive in the 2011 Constitution Comparative Legal Study in Light of the Constitutions 1962-1996
Settore scientifico disciplinare
SPS/04
Corso di studi
SCIENZE POLITICHE
Supervisors
tutor Prof. Tamburini, Francesco
Parole chiave
  • Constitution
  • Morocco
  • 2011
  • Arab Spring
  • Amendment of the Constitution
  • Head of Government
  • Executive Authorities
Data inizio appello
29/11/2019;
Consultabilità
Completa
Riassunto analitico
The issue of the Constitution in the contemporary history of Morocco as ideas and a system of laws, reflecting the political transformations that Morocco has known since independence, it is mainly related to linking the production of the Constitution to the development of concepts and institutions and their relationship to democratic construction and the establishment of a modern state in the time of independence, as well as constitutional amendments reflect the transformations known in Moroccan society, At the political or social level, the shift towards building a democratic society, the emergence of civil society and human rights organizations in the national political arena, in addition to demanding political and constitutional reforms.
The research project reflects the development of the executive power in successive Moroccan constitutions, up to the 2011 constitution, with a legal comparison between the powers and competencies of the head of state with the powers and competencies of the prime minister (Head of Government), and highlighting the transformations experienced in this area in the constitutions (1962-1970-1972-1992-1996), the accumulations that led to the distribution contained in the 2011 Constitution, and the problems of practice during the previous government mandate.
Considering that the existing constitutional problem in Morocco was raised primarily at the level of the Constitution of the Organization of Authorities, and in particular the dominant role that the Royal Institution has continued to play towards other institutions, it seems that the new Constitutional Document did not provide what could establish a new type of relationship between the Institution. The monarchy and other institutions, therefore, continued to perpetuate the centrality of the monarchy and its dominance over political life.
Whether as the "Commander of the Faithful" or "Head of State", the King retained wide and effective competencies and powers that would allow him to remain the center of the political system and the main determinant of his orientations and decisions, and even added new powers.
In addition to the availability of (reserved field) makes it a monopoly of the right of initiative in five strategic areas: religious, military, external, judicial and security, the presence of (partner) in some other competencies, does not prevent him from having The last word, as reflected in the continued subordination of the government to him, and continued interference in the work of Parliament.
Moreover, giving him the power to amend the constitution through direct recourse to parliament, along with other possibilities shared with the prime minister and the parliament, makes him control and even monopolize the sub-constituent authority.
His presidency of a number of constitutional institutions would further entrench his role as a “hub for institutional and political life” and would contradict the result (the imbalances of the political and institutional paths in the past, which necessitated a redefinition of the roles and functions of the royal institution to serve it. Ballot boxes, not a substitute for them, to ensure balance and separation of powers, and avoid assigning roles incompatible with each other to the same institution).
Although the constitution has strengthened the powers of the government and reconsidered the nature of its installation and composition, especially when its president has been immune from the possibility of direct dismissal, it generally remains hostage to the royal will.
It is clear that the provisions of Article 47 make the King retain great authority over the members of the government, both in terms of appointment and exemption, and his presidency of the Council of Ministers, which is still a necessary crossing for a number of issues makes him in control of the government's choices and directions, and initiatives Its president, and thus becomes, the actual head of the executive, the primary determinant of the general policy of the state.
The study of the 2011 Constitution, especially the executive, is of great importance for several considerations, as it is considered an authority directly related to public policies, as it reflects the local community to which it belongs and represents it in many aspects. Therefore, the study of the executive authority and the perception of the characteristics and mechanisms that control relations between its elements, An important aspect that this research seeks to highlight.
The importance of this subject lies in reading the constitutional revisions and the impact of national and international changes in their visibility, with a focus on the context of the Arab Spring, which resulted in the new constitutional review.
It also seeks to reveal the relationship between the Royal Institution and the Prime Minister's Institution and the gradual transfer of government competencies in order to find the balances required for the continuation of the performance of its roles as required, and read the past government experience as a constituent mandate, being the first government under the new constitution.
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