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Constitution of Morocco – 2: Monarchy

CHAPTER TWO
MONARCHY

Article 19
The King, “Amir Al-Muminin”(Commander of the Faithful), shall be the Supreme Representative of the Nation and the Symbol of the unity thereof. He shall be the guarantor of the perpetuation and the continuity of the State. As Defender of the Faith, He shall ensure the respect for the Constitution. He shall be the Protector of the rights and liberties of the citizens, social groups and organisations. The King shall be the guarantor of the independence of the Nation and the territorial integrity of the Kingdom within all its rightful boundaries.

Article 20
The Moroccan Crown and the constitutional rights thereof shall be hereditary and handed down, from father to son, to descendants in direct male line and by order of primogeniture among the offspring of His Majesty King Hassan II, unless the King should, during his lifetime, designate a successor among his sons apart from the eldest one. In case of failing descendants in direct male line, the right of succession to the Throne shall, under the same conditions, be invested in the closest male in the collateral consanguinity.

Article 21
 The King shall be considered minor until he turns sixteen. During the King’s phase of minority, a Regency Council shall assume the powers of the constitutional rights of the Crown, with the exception of those pertaining to the revision of the Constitution. The Regency Council shall serve as an advisory board to the King until he turns twenty. The Regency Council shall be presided over by the First President of the Supreme Court. It shall include, in addition to its Chairman, the President of the House of Representatives, the President of the House of Counsellors, the Chairman of the Rabat and Salé Ulama Council (of 3 scholars), and ten dignitaries appointed with the King’s own accord. Rules of procedure of the Regency Council shall be governed by an organic law.

Article 22
The King shall be entitled to a Civil List.

Article 23
The person of the King shall be sacred and inviolable.

Article 24
The King shall appoint the Prime Minister. Upon the Prime Minister’s recommendation, the King shall appoint the other Cabinet members as he may terminate their services. The King shall terminate the services of the Government either on his own initiative or because of their resignation.

Article 25
The King shall preside over Cabinet meetings.

Article 26
The King shall promulgate a definitively adopted law within the thirty days following its receipt by the Government.

Article 27
The King may dissolve the two Houses of Parliament or one thereof by Royal Decree, in accordance with the conditions prescribed in Articles 71 and 73.

Article 28
The King shall have the right to deliver addresses to the Nation and to the Parliament. The messages shall be read out before both Houses and shall not be subject to any debate.

Article 29
The King shall, by Royal Decrees, exercise the statutory powers explicitly conferred upon him by the Constitution. Royal Decrees shall be countersigned by the Prime Minister, with the exception of those provided for in Articles 21 (Paragraph 2), 24 (paragraphs 1, 3 and 4), 35, 69,71, 79, 84, 91, 99 and 105.

Article 30
The King shall be the Commander-in-chief of the Royal Armed Forces. He shall make civil and military appointments and shall reserve the right to delegate such a power.

Article 31
The King shall accredit ambassadors to foreign nations and international organisations. Ambassadors or representatives of international organisations shall be accredited to him. The King shall sign and ratify treaties. However, treaties committing State finances shall not be ratified without having been approved under the law. Treaties likely to affect the constitutional provisions shall be approved in accordance with the procedures prescribed for the modification of the Constitution.

Article 32
 The King shall preside over the Supreme Council of the Magistracy, the Supreme Council of Education and the Supreme Council for National Reconstruction and Planning.

Article 33
The King shall appoint magistrates in accordance with the conditions prescribed in Article 84.

Article 34
The King shall exercise the right of granting pardon.

Article 35
Should the integrity of the national territory ever be under threat or should any event interrupt the course of action of the constitutional institutions, the King shall, after consulting with the President of the House of Representatives and the president of the House of Counsellors as well as the Chairman of the Constitutional Council, and addressing the Nation, have the right to declare a State of Emergency by Royal Decree. Notwithstanding all contrary provisions, he shall hence assume the responsibility of taking all the necessary measures for the country’s defence and the restoration of a normal functioning of constitutional institutions and State affairs. The State of Emergency shall not entail the dissolution of the Parliament. The State of Emergency shall be terminated according to the same procedure followed in the proclamation thereof.

Next: Chapter 3 – Organisation of Parliament

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