The Legislative Initiative of the Parliamentary Opposition in the Moroccan Constitutional System: A Reading of Constitutional Practice in Light of Comparative Experiences

The Legislative Initiative of the Parliamentary Opposition in the Moroccan Constitutional System: A Reading 0f Constitutional Practice in Light of Comparative Experiences

Author: Hicham Nassar

Abstract

In line with more advanced constitutional democracies, the Moroccan Constitution of 2011 granted broader powers to Parliament, particularly the House of Representatives. At the same time, it ensured the rights of the opposition, granting it multiple legal powers and privileges that go beyond the constraints of representative democracy based on proportional representation, allowing it to acquire constitutional powers between the majority and the opposition. The latter was granted a special status that qualifies it to participate in parliamentary decision-making. The opposition participates in the legislative function as a fundamental pillar of the legislative institution, as stipulated in the Constitution, particularly by including proposed laws on the agenda of both houses of Parliament. At least one day per month is allocated to reviewing draft laws, including those submitted by the opposition. However, the most prominent position of the parliamentary opposition in the House of Representatives remains its chairmanship of the Justice, Legislation and Human Rights Committee, in addition to its chairmanship of another permanent committee not stipulated in the House of Representatives’ internal regulations, in accordance with the provisions of the second paragraph of Chapter 10 and the third paragraph of Article 69 of the Constitution. However, despite the importance of these provisions, a number of researchers believe that this does not guarantee the opposition an influential position in the legislative process.

Keywords

Parliament, Parliamentary Opposition, Parliamentary Majority, Legislative Initiative, Parliamentary Minority.

References

African Parliaments, ( 1999) Guidelines on the rights and duties of the opposition in parliament
Unanimously adopted by the participants at the Parliamentary Seminar on Relations Between
Majority and Minority Parties in (Libreville, Gabon )
Ahmiyane, A (2019) “Legislative Power in Morocco: Between Rationalisation and Parliamentary
Self-Rationalisation “, Journal of Economics, Management, Environment and Law, Vol. 2,
No. 2, p. 18
Akhnouch Z, ( 2016 ) “The Lack of Political Maturity among the Parliamentary Elite in Morocco
“Arab Journal of Political Science, Vol, No. 49-50, pp.49-68
Al-Hasakah, H,( 2017) « Shortcomings in the Financial Legislative Performance of the Moroccan
Parliament in Light of the Outcomes of the Ninth Legislative Term 2011-2016”, Moroccan
Journal of Local Administration and Development, Issue 136, pp.141-162
Al-Tabtabai ,A ( 1985 ) “Legislative Power in the Arab Gulf States: Its Origins, Development, and
Influencing Factors “, Gulf and Arabian Peninsula Studies Journal, Kuwait University, Issue
14, pp.6-408
Al-Zayani ,O,( 2012) “Constitutional Protection of the Rights of the Parliamentary Opposition: An
Approach in Light of the 2011 Constitution”, Publications of the Moroccan Law Journal, Issue
5, p72
Amrida, A,( 2014) “Hypotheses on the Representations of the 2011 Constitution for the Parliamentary
Opposition in the Moroccan Political System” – Moroccan Journal of Public Policy – Issue
13 , pp. 160-172
Bakchoua, M, ( 2019) “The Powers of the Parliamentary Opposition in Morocco”, Law and Business
Journal, Issue 14, pp.238-258
Ben Haiba, Y (2021) “Legislative Initiative: A Case Study of the Moroccan Parliamentary Minority”,
Al-Haqoukiya Magazine, Issue 2, pp. 81-124
Boutahar, M( 2017) “Parliamentary Work in the Moroccan Political System in Light of the Ninth
Legislative Term”, doctoral thesis in public law, Hassan II University, Faculty of Legal,
Economic and Social Sciences, Ain Chock
Bulmer, E (2021) “Minorities: Constitutional Roles, Rights and Recognition”, International IDEA
Constitution-Building Primer 22
European Commission for Democracy through Law,( 2010) Report on “ the Role of the Opposition
in a Democratic Parliament “ adopted by the Venice Commission at its 84th Plenary Session
(Venice ).
Founter, A, (2002) “Legislative Work in Morocco”, Part III, Series of University Studies and
Research, Issue 4, New Knowledge Press, First Edition
Ghanem ,A ( 2017) “Organising Constitutional Powers in a Parliamentary Dual System” Dar Nebour
Publishing House – Iraq, first edition
Khalis, A,” ( 2014)The Voter and the Elected Representative: A Socio-Political Study of
Parliamentary Communication in Morocco”, doctoral thesis in public law, Cadi Ayyad
University, Faculty of Legal, Economic and Social Sciences, Marrakesh
Konrad Adenauer Stiftung, (2013) Report on “The rights of the opposition in the new constitution”,
Dinner Debate organised in Rabat, Morocco
Ministry of State for Relations with Parliament (2016) Report on the Results of the Government’s
Work in its Relations with Parliament – Tenth Legislative Term
Nassar, H (2025) thesis on “Parliamentary Opposition in the Moroccan Constitutional System and
Comparative Constitutional Systems” , Faculty of Legal, Economic and Social Sciences,
Meknes
Nassiri, W (2022) “The Parliamentary Opposition in the Moroccan Constitutional System”, Journal
of the Research Professor for Legal and Political Studies, Volume 7, pp.387-409
Othman, Z (2008) “Parliamentary Conduct and the Performance of the Moroccan Parliament – Sixth
Legislative Term (1997-2002)”, doctoral thesis in law, Mohammed I University, Faculty of
Legal, Economic and Social Sciences, Oujda
Semsime Association – Citizen Participation,( 2024) Report on the results of the legislative initiative
of parliamentary groups during the third year of the eleventh legislative term
Stone, B (2014) “Opposition in parliamentary democracies: a framework for comparison” Australian
Parliamentary Review, Vol. 29, No. 1, pp 19-31.

DOI: 10.52279/jlss.07.03.193204 | 193-204 | PDF