The Separation and Distribution of Powers Under the New Moroccan Constitution

The aim of this chapter is to show if and to what extent the new Constitution has introduced real change in the distribution and separation of powers. First, I analyze the distribution of powers before the adoption of the 2011 Constitution, and I show that the Moroccan constitutional order was characterized by both the principle of the separation of powers and the principle of unity of power. I then discuss the reform of the “old” Article 19 and the (formal) separation between temporal and spiritual power. Third, I examine the form of government and I argue that Morocco has not turned into a parliamentary monarchy (where the king reigns but does not rule). In the fourth and fifth sections I analyze the legislative and judicial power, respectively (including some references to constitutional justice), and I stress the influential role that the monarch still plays in these branches of government. Finally, I draw concluding remarks.