Constitution of Morocco in the context of "Moroccan nationality law"

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⭐ Core Definition: Constitution of Morocco

The Constitution of Morocco is the Basic Law of the Kingdom of Morocco. The constitution defines Morocco as an Islamic constitutional monarchy and lays out the fundamental rights of Moroccan citizens, it also defines the basis and structures of government, the council of ministers, and the parliament.

The first Constitution of Morocco was adopted in 1962, 6 years after the country regained independence. From and following that event, the King Mohammed V worked for the establishment of political and constitutional institutions. The National Advisory Council originally created the legislation text governing public freedoms and freedom of expression, known as the Dahir, which was enacted on November 15, 1959. In 1960, the Constitutional Council was established, and the first Constitution was proposed on November 18, 1962. This draft was ratified through a referendum on December 7, 1962, and was finally promulgated one week later, on December 14.

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👉 Constitution of Morocco in the context of Moroccan nationality law

Moroccan nationality law is regulated by the Constitution of Morocco, as amended; the Moroccan Nationality Code, and its revisions; the Mudawana (Family Code; the Civil Liberties Code; and various international agreements to which the country is a signatory. These laws determine who is, or isn’t eligible to be, a national of Morocco. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Moroccan nationality is typically obtained under the jus sanguinis, i.e. by birth in Morocco or abroad to parents with Moroccan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

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Constitution of Morocco in the context of Entrenched clause

An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.

Any amendment to a constitution that would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law"—that is, an amendment to constitutional law text that appears constitutional by its form, albeit unconstitutional due to the procedure used to enact it or due to the content of its provisions.

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Constitution of Morocco in the context of Prime Minister of Morocco

The prime minister of Morocco, officially head of government (Arabic: رئيس حكومة المملكة المغربية), is the head of government of the Kingdom of Morocco. The prime minister is chosen by the king of Morocco from the largest party elected to parliament, usually the general secretary of that party. The Constitution of Morocco grants executive powers to the government and allows the head of government to propose and dismiss cabinet members, provincial governors, and ambassadors, to oversee government programs and the delivery of public services, and to dissolve the lower house of parliament with the king's approval.

A newly appointed prime minister is responsible for forming the government it will head by leading negotiations between the king and parliament to fill ministry positions. Until the new government is approved by the king and formally takes office, parliament approves and oversees government programs and public service. There are no constitutional limits on a prime minister's term, and several have served multiple non-consecutive terms.

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Constitution of Morocco in the context of Assembly of Councillors

The House of Councillors (Arabic: مجلس المستشارين [maʒlis al-mustaʃaːriːn], Standard Moroccan Tamazight: ⴰⵙⵇⵇⵉⵎ ⵏ ⵉⵏⵙⴼⴰⵡⵏ, romanized: Asqqim n Insfawn) is the upper house of the Parliament of Morocco and has 120 members, elected for a six-year term:

  • 72 members are elected at the Kingdom's regional level - they represent the regions and the subnational administrative areas (French: collectivités territoriales)
  • 20 members are elected in the regions by a single electoral college made up of all those in the relevant region that have been elected to the following professional associations:
    • the agriculture associations
    • the commerce, industry and services associations
    • the arts-and-crafts associations
    • the marine-fisheries associations
  • 8 members are elected nationally by an electoral college made up of those elected from the most representative employers' professional organizations
  • 20 members are elected nationally by an electoral college made up of employees.

The 2011 Constitution of Morocco retained this second chamber, but reduced its term of office from 9 to 6 years and its size to 120 seats.

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Constitution of Morocco in the context of Mohammed VI of Morocco

Mohammed VI (Arabic: محمد السادس, romanizedMuḥammad as-sādis; born 21 August 1963) is King of Morocco. A member of the Alawi dynasty, he acceded to the throne on 23 July 1999, upon the death of his father, King Hassan II.

Upon ascending to the throne, Mohammed initially introduced several reforms and changed the family code to grant more rights to women in Morocco. Leaked diplomatic cables from WikiLeaks in 2010 led to allegations of corruption in the court of Mohammed, implicating him and his closest advisors. In 2011, protests in Morocco that were considered part of the wider Arab Spring occurred against alleged government corruption. In response, Mohammed enacted several reforms and introduced a new constitution. These reforms were passed by public referendum on 1 July 2011. His other reforms have included modernising the economy and military force of Morocco, promoting non-sectarian Islam and Berber culture, including designating Standard Moroccan Amazigh as an official national language alongside Standard Arabic, and curtailing the influence of religious extremism.

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