What powers does the king of Morocco hold?
The 2011 Constitution was presented as a democratic turning point. Reading it article by article shows how much power stayed with the Palace.
In 2011, while Arab squares were demanding the end of their regimes, Morocco took another road: a new Constitution, drafted at the king’s initiative and approved by referendum. It was told as a turning point. To understand what really changed, you have to read the text.
Where does the 2011 Constitution come from?
Mohammed VI came to the throne in July 1999, on the death of his father Hassan II. On 20 February 2011 thousands of people took to the streets in dozens of Moroccan cities: the 20 February Movement demanded a parliamentary monarchy, an end to corruption and more social justice. In March the king announced a constitutional reform, prepared by a commission he appointed.
The referendum was held on 1 July 2011. According to official figures, 98.5% voted yes. The 20 February Movement, which had called for a boycott, contested the results and denounced irregularities.
What religious role does the king have?
The king is Amir al-Mu’minin, Commander of the Faithful (article 41). He chairs the Higher Council of Ulema, the only body authorised to issue official fatwas, and exercises «exclusively» the religious prerogatives attached to this title. No other institution shares this power and no vote can touch it.
What does he decide as head of state?
Article 42 defines him as head of state, symbol of national unity and «supreme arbiter» between institutions. Other articles complete the picture:
- he can dissolve parliament (article 51);
- he holds the power of pardon (article 58);
- he can declare a state of exception (article 59);
- he appoints six of the twelve members of the Constitutional Court (article 130).
Many of his acts, the dahirs, do not need the head of government’s countersignature: among them religious acts, the dissolution of parliament, the appointment of judges and the state of exception (article 42).
Who governs: the king or the head of government?
The Constitution provides for two councils.
- The Government Council is chaired by the head of government and discusses public policies, bills and decrees (article 92).
- The Council of Ministers is chaired by the king (article 48). It decides the «strategic orientations» of the state, constitutional revisions, organic laws, the general outline of the budget, military texts, declarations of war and key appointments: walis and governors, ambassadors, the governor of the central bank, the heads of internal security and of strategic public companies (article 49).
The king appoints the head of government from the party that came first in the elections (article 47). This was new in 2011: before, he could choose freely. But the Government Council prepares, and the Council of Ministers decides. The government administers; the direction of the state stays with the Palace.
The first head of government appointed under these rules, Abdelilah Benkirane, acknowledged this in his own way. According to TelQuel in March 2015, he said in a radio interview that he takes the king’s opinion into account even when it differs from his own religious principles, because the king is the Commander of the Faithful.
What about the army and the judiciary?
The king is supreme commander of the Royal Armed Forces and appoints to military posts (article 53). He approves by dahir the appointment of judges (article 57) and chairs the Higher Council of the Judiciary (article 115).
What changed compared with 1996?
Two changes are real. The head of government must come from the party that wins the elections. And the king’s person is no longer «sacred»: the 1996 Constitution declared it «inviolable and sacred», the 2011 text «inviolable» and owed «respect» (article 46). The Arabic version, however, speaks of respect and reverence, a formula several commentators read as a way of keeping the substance of the old adjective.
What the text says
- Religion, the army, dissolution of parliament, pardon and the state of exception remain the king's powers.
- Strategy and key appointments go through the Council of Ministers, which the king chairs.
What the text does not say
- How these powers are exercised in practice.
- How much weight the circle of advisers carries; the Constitution does not mention it.
Why does it matter?
A constitution tells how a country wants to be seen. Morocco’s 2011 text describes a monarchy in which the king reigns, arbitrates and decides strategic matters, while the elected government administers. The next part shows what happens when the two collide: the five months of 2016-2017 when Morocco had no government.
Sources
- Kingdom of Morocco, text adopted by referendum on 1 July 2011 (French version), Constitution of the Kingdom of Morocco (2011), arts. 41, 42, 46, 47, 48, 49, 51, 53, 57, 58, 59, 92, 115, 130, 1 July 2011
- Kingdom of Morocco (French version), Constitution of the Kingdom of Morocco (1996), arts. 23 and 24, 13 September 1996
- IFES ElectionGuide, Morocco, Constitutional Referendum, 1 July 2011 — official figures: 98.50% yes
- Global Voices, Morocco: Protests over reform continue, 5 July 2011 — the 20 February Movement contested the results
- Jadaliyya, Commentary on the new Moroccan Constitution and the disappearance of the word «sacred»
- TelQuel, Benkirane prend en considération l'avis du roi même s'il diffère de ses principes religieux, 20 March 2015