Saturday, September 12, 2015

Read reviews in the Moroccan constitutional experiment

Preamble:

Constitution of October 8, 1908 Project presented by scholars and notables of Fez to sire Abdul Hafeez during allegiance tied his form, which was published by the newspaper to San Morocco, which was activated by Syrian and Lebanese city of Tangier, the first real attempt to establish a democratic constitutional system in Morocco, where power declarative delegated to the Council team, and
retains the authority from which the power to ratify the decisions.

As this constitutional project was a race to put a number of basic issues that we adopt it today in the Constitutional arsenal, Ketbna chambers system and the introduction of the issue and call for the respect of human rights. But this project Ocypr and removed from circulation after the waiver Sire Abdul Hafeez from power for the benefit of his brother Moulay Youssef after the famous Fez soldiers revolt against his regime. But its importance of this project emerged in being handed the idea of ​​the Constitution to the pioneers of the national movement to adopt and defend it, and even make it a gateway for independence from France, which crystallized actually in the papers, "the demands of the Moroccan people," dated 1 December 1934, and "the urgent demands of the Moroccan people "In the October 25, 1936, which offers them the National Movement, headed by Allal El Fassi and Mohammed Belhassen Wazzani and leaders Ahmed Balafrej to the authorities of the French protectorate.

But after the two previous two attempts failed to convince protection authorities Bdstrh the country, the national movement considered that that prevents a constitution is not the Sultan, but the French colonial power, changed the priorities of the struggle for independence, to claim Baldstorkmadkhal for independence to the pro-independence as an input to the Constitution, especially as the Sultan had He joined the national movement, so the focus was on the question of independence and left the issue of the constitution aside until after Independence, and is known that this change in priorities was the reason for the emergence of the first split party, where Mohammed Belhassen Wazzani out opposition to the move to postpone the constitutional issue of the "National Action Bloc" Rebekah founded by Allal El Fassi and Ahmed Balafrej, and founded the "National Movement", which later became the "party of the Shura and independence."

The monarchy

After Morocco made on the relative independence, emerged into the open internal contradictions that were lurking between the National Movement components in the pre-independence, and the back of a strong trend in the Independence Party towards the establishment of the only party in Morocco system, amid stiff opposition from parties: the Shura and independence discount Alldhuz for the Independence Party , and the SPLM, which was interior minister in the second coalition government for Independence Idris Mohammadi bothered her, and accused the Liberal Independent Party of the Independence Party as a creature of the palace, and finally the Moroccan Unity Party. And the fact that the late King Mohammed V, it is not the other, was happy with the attempt Independents dominate the Moroccan political scene, he had to derail their quest through two steps: first released for the first constitutional document under the name "monarchy" in the May 8 of 1958, which identified the nature the system of government as a constitutional monarchy, with a pluralistic political system, and secondly through the issuance of the law of public freedoms in the November 15, 1958, which put the legal framework for the establishment of associations and political parties.

So step Covenant Royal were not constitute a natural response to the aspiration of the people towards a democratic system, the more they formed an answer to a particular political reality, dominated by the logic of the struggle for power between the political parties ((Palace, the National Movement parties, the Liberation Army and the resistance)), and in which we find one manifestations and clear in the historic speech of Independence Allal El Fassi Party leader in Tangier in 1956, which reads in part ((not in Morocco of power only three: First strength Independence Party, and the strength of Liberation Forces (IDF) and the third palace power, and if we consider Liberation Army strength of the party and to him , in Morocco two forces were only two: the power and the strength of Independence Party or the palace throne)) "Moroccan political parties authored by Dr. Mohamed Darif p. 85"

December 1962 Constitution

In 1960 he was appointed King Mohammed V constitutional council composed of the bulk of the Moroccan political spectrum, with the exception of the two parties refused to enter into it, demanding the election of a constituent assembly to the Constitution by universal suffrage, namely: the Communist Party of the Moroccan banned at the time since 1959 and the National Union of Popular Forces, which had been ripped off just about Independence Party, and entrusted to the Council the task assigned Constitution a permanent constitution for the country situation, and submit it to the king in order to ratify it in December 1962 before, but the Council has failed in his duties after many of its members affiliated with the Popular Movement led by Mahjoubi Ohradan parties withdrawal, democratic constitution, led by Mohammed Hassan Wazzani, and the Liberals independents led by Ahmed Reda Guedira, in protest against the appointment of Allal El Fassi, leader of the Independence Party president, to be Akabbar idea of ​​"Guardian Council" forever.

On December 7 1962, King Hassan II fulfilled a promise to his father, who had promised to draft a constitution for the country before the end of 1962, did not prevent him from so only the sudden death following a minor surgery on the larynx in the February 27, 1961, and put forward a draft granted to a referendum a constitution, without taking the opposition saw it or return to revive the idea of ​​the Council of the Constitution, to resolve this battle of the Constitution and the Constituent Authority for the benefit of the king. It was a referendum on the constitution, despite the invitation of the National Union of Popular Forces party, the Democratic and the Moroccan constitution and the Communist Party to boycott the vote and the election of a constituent assembly to replace the Constitution. But Independence and the SPLM parties and independent Liberals voted in favor of the constitution, the official result of the referendum was in the affirmative by 84 per cent.

This "political reform", which represents the status granted by the Constitution of the country, to resolve the conflict and to the day on a range of contentious issues in favor of the King: Kachtsasat vast King, and the nature of the political system, the role of Parliament, and the role of parties, and how to form a government and its powers, which made the hopes of the opposition and in particular National Union of Popular Forces in establishing a parliamentary monarchy modern prevail where the king and Aigm evaporate, and the Independence Party, which tried through a positive vote on the constitution courting the palace for important ministries in the government that followed the elections May 17, 1963, is the other came out empty-handed when they accounted for facts New Palace, Front party defending the constitutional institutions, known simply as "Alfdak" most of the ministries, within the new tactic of power, making the party moves to the opposition for the first time since independence.

In terms of content, select this Constitution in his first season nature of the Moroccan political system being a constitutional monarchy system of democratic, social, and in Chapter III of preventing one-party system, and make the role of parties scaled down only in the organization of citizens and represent them without any hope of access to power, as is customary In a democracy, because, simply, it has the power according to the Constitution is king, as is the operative Chapter 19, "Commander of the Faithful King, and the symbol of unity of the nation, and the guarantor of the state time and persistence, a protector of religion fever, and guardian of respect for the Constitution, and has the rights and freedoms of citizens and groups maintenance The bodies, which is the guarantor of the country's independence and integrity of the Kingdom in a circle of true borders. " And in his class 14 acknowledged the right to strike, but Ofrgh of any meaning when added to the words "defined by an organic law of the conditions for the exercise of this right and procedures", and Chapter 24 gave to the king alone the right to appoint or exemption Prime Minister and other ministers, without libyan drift Prime Minister no-decision-making authority of any kind, and only Chapter 62 Pettmtaa Prime Minister only regulatory authority associated with the work of the various ministries. And make Chapter 36 parliament consisted of two chambers: the House of Representatives are elected all its members by direct vote and another for advisers and members are elected indirectly by advisors local groups, professional bodies and representatives of wage earners, and select Chapter 44 for the House of Representatives in four years.

July 1970 constitution

At March 23, 1965 known Moroccan city of Casablanca and other cities because of the bloody events memorandum submitted by the then Minister of Education Joseph Bel Abbes, it was not accepted by the educational community of teachers, pupils and students. And after about two months, collapsed government majority, King and resorted to Chapter 35 of the Constitution in 1962 to declare a state of exception, and was the dissolution of parliament, which was headed by Dr. Abdul Karim al-Khatib, and the long duration of the solution five years which left Morocco without Parliament, which strives system tried to arrange internal situation, cross-appeal for dialogue with the new leadership of the National Union of Popular Forces, and especially with the "Dynamo" Party Mehdi Ben Barka, who finally paid with his life for the failure of this dialogue.

In 1969 it was discovered a secret organization armed, led by jurist visual, which is a one of the founders of the Moroccan Liberation Army, the commander of the "mainstream Alblanca" within the National Union of Popular Forces, and sentenced previously to death in what was known as a "conspiracy of July 1963" which targeted the life of the king, has Then it was said that this organization was seeking to overthrow the regime in protest against the constitution imposed in December 1962, and filled every political activity outlets.

In such a climate, and in order to work on the vent internal political atmosphere to polish the image of Morocco abroad, and to spare the country the effects of June military coup in 1965 that brought Houari Boumediene to power in neighboring Algeria, King Hassan II issued a royal pardon on a group of political prisoners, and attach a letter of radio on 8 July 1970 announced the end of the case of the exception, and the intention to amend the Constitution of 1962.

Then came the Constitution of 24 July 1970, to keep turn on the character of the old property Moroccan, and codifies and Edstr state of exception, and focus more power in the hands of King, what the form of a big drop from the Constitution of 62 on his illness, and these are some signs function on the decline:

* Have been retained existing body Chapter 19, which is alone constitution least, and added him next to the words "Commander of the Faithful King" words "and the Supreme Representative of the Nation" in reference to His Royal Highness representation from all other representation institutions approved by the Constitution, and the adequacy of them in the event of absence or lack thereof, in order to fill any political vacuum may result from any possible solution to the parliament, as was confirmed explicitly by Chapters 69 and 70, as stated in Chapter 69 "of the king, having consulted Constitutional Chamber Chairman and direct address to the nation, to dissolve the Chamber of Deputies thereof by Royal Decree." In Chapter 70, "election of the new Council of Representatives is located within three months at most after the date of dissolution, and during that King exercised in order to avoid a vacuum in addition to the authorities vested in him under this Salt Constitution, which is unique to the House of Representatives."

* The Chapter 21, a new version of which was re-consider the composition of the Trusteeship Council, and terms of reference which exempts the constitutional review, described the new consultative body working alongside the King is of the age of majority, until reaching it. Unlike the 62 Constitution, which gave management authority to the Trusteeship Council without restricting other contraceptives as a necessity consultation with the young king, or refrain from constitutional review. The goal behind it, is to fill all the ports that are screeds seep through which some of the powers of the king to others.

* In contrast to the Constitution of 1962, under Chapter 37 of the new Constitution immunity parliaments of Representatives in case they signify their opinion argues in the monarchy or the Islamic religion or implied is without prejudice to the respect due to the king, and waved the possibility of follow-up or arrested in the event of being caught in violation of this kind.

* As was the adoption of the single-chamber system with reducing elected members direct proportion of people (The Council is composed of 240 members, elected ninety of them by direct universal suffrage, as elected by the rest, and the number one hundred and fifty, ballot indirect) and identified for membership in six years.

And as a direct reaction to this disappointing Constitution, was formed on July 22, "National Bloc" of the party of independence, led by Allal El Fassi and the National Union of Popular Forces, led by Abdul Rahim pooped, and released by the Charter of Sale constituent who was invited to establish a genuine political, social and economic democracy, as the bloc called to vote "no" against the draft constitution 70, as its central committee issued a statement on August 4 of the same year in which its decision to boycott the legislative elections scheduled announce on 21 and 28 August of the same year, making Parliament 1970 "elected" parliament is meaningless, what Dam can not join the opposition forces to neutralize them and integrate them in the game, it was chaired by Mr. Abdul Hadi Boutaleb by royal decree.

The attempted coup of 1971 has put an end to the life of the 1970 constitution.

March 1972 Constitution

After the coup 71 failure of the palace entered into negotiations with the National Bloc, to agree on a political and constitutional reforms, and the formation of a national unity government, while the parties were about to reach an agreement on how to rule trading, and the nature of the Constitution, himself King once again introduced a draft constitution to a referendum in 10 in March 1972, he called for a mass boycott, in protest against the non-introduction of its opinion on the new constitutional amendment, but he was like its predecessors referendum "unanimous".

The most important amendment brought by the Constitution of the 72 represented in:

* Reducing the duration of the election of the House of Representatives to four years instead of six that was brought by the Constitution of 70, with the lifting of the proportion of both elected by direct universal suffrage to two-thirds, and the allocation of the remaining third Congress an electoral college consisting of the members of the urban and village councils and members of trade chambers and representatives of wage-earners.

* As identified Chapter 65 of the new amendment terms of reference of the Council of Ministers headed by the King in the following issues: issues of concern to the public policy of the state, the announcement of a state of siege, the declaration of war, demand the confidence of the House of Representatives in order to continue the government assume its responsibility, the bills before depositing Council Office House of Representatives, regulatory decrees, the planned project and the draft amendment to the Constitution

Thus the king ordered to dissolve the House of Representatives emanating from the Constitution in 1970, and was commissioned technocratic "cream Urban" the formation of a new government in the April 3, 1972, and invited the bloc to participate, but she refused, declared King in a speech on April 30, 1972 for a postponement of the elections arising from the new Constitution to an unspecified date, and linking possibility made the availability of a range of political, economic and social conditions, which is the privilege of the system succeeded with the beginning of 1974, where he began to mobilize everyone behind him on the battle retrieve the desert of the Spanish colonizers, and building territorial integrity of Morocco, and this major national battle forced all political actors palace and the opposition to unite behind her. This has been evident through the contribution of everyone in the green march, which was organized on November 6, 1975, and led to the liberalization of the desert, and of course the context of "national consensus" this, ask a context least parallel to his body, the slogan of "social peace", these are the conditions that the system talked about and work on Thakiqiha before entering into any new political horizon, and so the country knew the launch of "democratic process" the years 1976 and 1977 through a third local and legislative elections in Morocco, and the return of some political forces that was suffering from the ban Kaltkdm and socialism, and the Organization of the Popular Democratic Action to legal action, As it has been Tojbl the issue of constitutional and political reform, claiming hardener home front.

However, with the election of the 1977 Parliament, and the entry of the Constitution into force in 1972 items, it shows tangibly that the real power is exercised in a place other than Parliament, and that this institution which should be the source of laws and decrees have become mere office "set" or "registered" through which the government is supposed to record their laws even give them the character of the legal and constitutional legitimacy.

September 1992 Constitution

With the beginning of the nineties, there has been on the world political and economic fundamental changes, most notably the end of the cold war between the two camps socialist and capitalist, and privately the United States led the world, these transformations was accompanied by a strong spread of calls for democratic reform, and Morocco was of course in the Mni all that he said the late King Hassan II, in one of his statements, "it would be shunned right to say that we are not interested in the events that the world has seen or claim not to have impact on us."

The payment of the three previous constitutions deficit formal political reforms that accompanied the leftist opposition forces to demand changed, or modified at a minimum, by raising two notes on the constitutional reform to the palace: the first on October 3, 1991 by each of the party of independence and the Socialist Union of Popular Forces, with support from the organization Popular Democratic Action (before the democratic bloc) establishment, and the second on June 19, 1992 by the democratic bloc which had been founded on 17 May 1992 from Independence and the Socialist Union of Popular Forces and the National Union of Popular Forces and the Party of Progress and Socialism and the Organization of the Popular Democratic Action parties.

Turn the system, in order to burnish his image at the international level, and contain the struggle tide who knew him Morocco with the beginning of the nineties in terms of demand for political and constitutional reforms, initiated by the announcement of the intention to launch a new constitutional project, and promised to look into the democratic bloc demands with respect Base "King reigns and governs" , as stated in an interview with the King of the newspaper "Le Monde" French in September 1992 in which he said "Islam forbids the establishment of a constitutional monarchy where the king delegated all authority and become owns without being judged," it was canceled back "French Resident General Henri Bansou" for the year 1935 the notorious, and it is known for short Dahir "All I would."

But the new constitution adopted in a referendum September 14, 1992 did not carry with it any serious little changed, for ignoring the demands of the block on the House of Representatives as a reduction of the voting age to 18 years the age of candidacy to 21 years, and the election of all members of the Council by direct universal suffrage, and the reduction of the parliamentary mandate to 5 years, and the extension of the two sessions of the Council of regular Representatives to 3 months, and expand the scope of the law to include a general amnesty, and electoral systems for the House of Representatives, and ratify all international treaties, and strengthening the role of the House of Representatives in the government control through the interrogation, and the creation of oversight committees and to ensure that the parliamentary minority approval of a quorum ten Bmlthomps provide oversight and direction to the Constitutional Council, and quarter to convene a special session of the House of Representatives.

And the level of government amended the constitution to the demands of the democratic bloc about responsible government, a pop-up of the parliamentary majority did not respond, identify and manage the state policy under the text of the Constitution, which should also provide for the deportation of some of the terms of reference of the Ministerial Council to the State Council, and admit the possibility of presiding over the Prime Minister of the Ministerial Council Awad King by delegation.

It was sufficient just a simple amendment to Chapter 24, which has become, reading "King appoints the Prime Minister. And appoint other members of the government proposal of the prime minister. He may relieve them of their duties. Government either on his own initiative Oobina their resignation" instead of the formula "The king appoints the prime minister and ministers and relieve them of their duties and remove them if resigned "in the Constitution 72.

At the level of the judiciary are not responding to the demands of the democratic bloc, to ensure the effective independence of the judiciary and maintain its sanctity.

But very little of the bloc, which took its demands, and was codified in Ofrgha of content: negative Kaltsoat on the government's program, instead of the positive vote, and connect put the motion of censure to a vote within the Council signed a quarter of its members, and its acceptance by an absolute majority, and the quarter for the presentation of laws to the Constitutional Council to consider Dsturithma in extent, and two-thirds to amend the constitution ...

It was the quotation in Chapter 35, the state of exception that it does not entail the dissolution of parliament. And select for the 30 days of the issuance of the Royal Order of enforcement of any law presented to the government by the House of Representatives.

Block parties rejected the constitution 92 and called for a boycott except for Progress and Socialism Party, which voted in favor and called on voters to vote positively on it.

September 1996 Constitution

In light of the increasing talk about the ownership's desire to launch a constitutional amendment is unprecedented in the history of Morocco, and with the receipt of signals or for the transfer of guarantees, from the top, on the creation of a quantum leap in the Moroccan political life, the federal leader Abderrahmane Youssoufi returned from exile optional in Cannes, France to

Conclusion

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