The 2011 Moroccan Constitution and the attempt to achieve parliamentary monarchy

Abstract

The use of the term parliamentary monarchy in Moroccan Constitution of 2011 not fully reconcile with other constitutional provisions. Autonomy obtained by the Chief of Government with the loss of any monarch’s discretion in its appointment is not enough to confirm the achievement of a parliamentary monarchy. That alleged «conversion» of the monarchy to parliamentary model cannot be argued despite the imposition in the appointment of the Chief of Government of a representative of the majority party in the lower house (art. 47 CM), and although there is a possibility of a motion of non-confidence in the House of representatives to dismiss the government (art. 105 CM) – if we realize that other powers exempted from countersign has been accorded to the King in the field of political decisions as well as a preeminent role in the direction Council of Ministers, far apart from the magistracy without potestas that the figure of a parliamentary monarch implies. Undoubtedly, the adjectives used for monarchy in the new Constitution must be interpreted in the context in which it is inserted and, as such, the formula used only fits only a parliamentary government, which is no longer a government of the monarch, but that which emanates from the will of Parliament.