Dissertations / Theses on the topic 'Droit constitutionnel – Maroc'
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Hennani, Norddin. "La protection de la constitution par le conseil constitutionnel au Maroc." Strasbourg, 2009. https://publication-theses.unistra.fr/restreint/theses_doctorat/2009/HENNANI_Norddin_2009.pdf.
Full textThe protection of the Constitution by the constitutional Council in Morocco, possible thanks to the constitutional revision of 1992, joins the reforms started by King Hassan II to strengthen the State under the rule of law. Unlike its predecessor (the constitutional Chamber of the Supreme Court which was not in good conditions to control the constitutionality), the constitutional Council seems to be a serious guarantee of the constitutional ascendancy. In addition of having inherited the former Chamber’s contribution, it also has been attributed the role of controlling the constitutionality of the common laws. The purpose of this thesis is to know if the Moroccan constitutional Council, which was based on the French model, can, in the long term, be effective in a political system supported by traditions and religion. The issue will be approached by pointing out the legitimacy and the efficiency of the constitutional Council. This thesis considers that the constitutional Council suffers from a deficit of legitimacy which prevents it from taking root in the legal political compost. It also considers that the High jurisdiction evolves in an environment which prevents it from carrying its mission as guardian of the Constitution
Bernoussi, Nadia-Amal. "La jurisprudence de la Chambre constitutionnelle marocaine." Montpellier 1, 1985. http://www.theses.fr/1985MON10009.
Full textEl, Fadili Mohammed. "Le Conseil constitutionnel et la théorie de la séparation des pouvoirs au Maroc." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32029.
Full textEl, Azzouzi Mohamed. "L’Effectivité de l’État de droit dans la Constitution marocaine de 2011." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0138.
Full textMorocco is in a decidedly modern perspective. This observation brings us back to the relevance of this theme in a country with a strong constitutional identity, driven by a remarkable extension of the foundations of its rights and freedoms.The new Constitution created in 2011 in Morocco is a founding act that crystallizes the legitimate aspirations of citizens. It constitutes through its provisions, the revaluation of human rights, justice and freedom. Thus, constitutional justice, a new concept created by the current Constitution, is an essential element in the rooting of democracy. This project aims to establish an institutional revival, which confirms the irreversible choice of the democratic state in which Morocco asserts itself.This thesis focuses on the evolution of the state governed by law in Morocco since the adoption of its new Constitution. This theme immediately appears paradoxical because of the existence of nuances between theories and practises. Throughout our research, we have tried to understand this evolution in its response to the requirements for the protection of fundamental rights and freedoms. Furthermore, following the entry into force of this Constitution we have seen the successive apparition of other mechanisms, such as the interlocutory question of constitutionality. Therefore, it is a certain fact that today Morocco seems to be oriented towards a constitutional approach of justice, where the new Court is henceforth the guarantor of the supremacy of the Constitution through a posteriory oversight.These elements led Morocco to adopt its new Constitution, which is a turning point for the country inclined to a transformation of the notion of the state in its traditional concept, towards a modern state, where the state is subject to the law. This is the direction that Marocco has chosen in order to make of the law the supreme point of reference. Morocco therefore continues to change its constitutional system through many mechanisms which reflect the rise of modern democracy
Issa, Ali. "Islam et Droit constitutionnel en Egypte, en Syrie et au Maroc : étude comparée." Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0153.
Full textTo understand the logics of the constitutionalization of the Islam in the Arab world,this study suggests, at first, highlighting the continuity of the constitutional influence of theIslam. Indeed, all the constitutions of Arab states, with the exception of that of the Lebanon,refer to the Islam. The important constitutional role of that religion actually affects thestructure and organization of the state, but also the determination of the protection offundamental liberties of man, especially that relating to freedom of religion.Secondly, it is advisable to highlight the ways which allow Arab States to overtake thetheological vision of the constitutional law. The accent is put on two trends: the progressivesecularization of the political power through the marginalization of the religious referent andthe consecration of the state power on one hand, and the constitutional rationalization throughthe strengthening of the role of the constitutional justice and the awakening of the civil societyon the other hand. After all, these developments put the keys of understanding of the legal andpolitical current events. At the time of the "Arab Spring", these two referents, Islam andConstitutional law, are linked to form the political and legal life of the Arabic peoples. Theirdialogue seems necessary or obvious especially as the Revolutions did not end in theconsecration of a laic model and the place of the Islam is maintained, even strengthened
El, Hajam Soulaiman. "Essai d'interprétation du phénomène de l'acculturation et de l'identification du système juridique marocain : Droit constitutionnel." Paris 2, 1991. http://www.theses.fr/1991PA020091.
Full textThis essay illustrates researche's worry about identity and constitutional originality. In the wake of independance; the cherifian kingdom was endowed with a liberal constitution and democratic institutions modelled on the western ones. The fact which emerges most clearly from this essay, is the close relationship between the moroccan constitution and the french one. Such a relationship is considered as a logical corollary of the acculturation process geared by the protectorate. A few political commentators reproach, indeed, the moroccan constitutional law with irrelevance, inefficiency and shakiness, which accounts for the wide gap between the concept of constitutional law and institutional practice however, the study of constitutional practice and of the rules regulating power in what regards moroccan politics testifies to the harmonius coexistence of traditinal some commentators either misunderstand or ignore the linchpin of public law, namely islam, which is the supreme consensus-based reference legitimating power, moreover, the unconditional reference to tradition and the staunch commitment to ancestral practices in government proceding seem to be enough to emphasize the distinctness of moroccan constitutional practices. Acculturation should not be considered as a sign of crisis but as a source of richness, generating progress
Baita, Chakib. "Le Premier ministre au Maroc." Paris 12, 1986. http://www.theses.fr/1986PA120202.
Full textThe study of the prime minister's institution has been considered on a double point of view; firstly, on a political view and secondly on a administrative one. The action of the prime minister as a political authority reveals limited and strongly controled by the king who constitutes the highest part of the maroccan constitutional system to which is subordonate all the institutions and especially that of the prime minister. The subordination is the main point of the prime minister status. It is the direct consequence of the royal supremacy which cannot tolerate the affirmation of another authority at the risk of losing its supremacy. The subordination of the prime minister is multiple. Indeed, before becoming legal and receiving a constitutional ratification, it has been as so far it proceeds from the legacy and the tradition, it is at the same time organical and fonctional. However, if the prime minister is a subordinate, he is also a privileged middleman. He is a trustworthy man of the king and his situation of dependance regarding him is compensated by a supremacy on governmental members and as a whole on the administrative view. In this field, the prime minister has get large numerous services allowing him to manage, to control and to coordinate the administrative and governmental system. Through the study of the administrative action of the prime minister, his is appearing as the delegater of the administrative field and as a coordination structure
Naciri, Mohammed Khalid. "Le Droit politique dans l'ordonnancement constitutionnel essai d'interprétation du système de gouvernement au Maroc." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594323h.
Full textEl, Gadhafi Hamida. "La protection constitutionnelle des droits de l'Homme dans le monde arabe : étude comparée (Maroc, Algérie, Tunisie, Égypte)." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100048.
Full textThe constitutional protection of human rights in the Arab world is based on a complex process of democratization that has accelerated after the Arab Spring of 2011. The emergence of human rights is a strong political project in all the countries that are the subject of our study (Tunisia, Egypt, Algeria, Morocco) and shows us that the democratic concept, in its universalist sense, is not incompatible with Islam. The constitutionalization of human rights remains a major contribution of the constitutionalist movements that have made the constitution a supreme norm of the rule of law. Despite the instrumentalization of constitutions by Arab leaders and the misuse of the state of emergency, we are witnessing the growing role of the constitutional judge in the protection of fundamental freedoms (constitutional control) under the watchful eye of civil society and international community
Haidar, Sara. "Les nouvelles constitutions arabes et la lutte contre la corruption : étude comparée (Tunisie, Maroc, Égypte)." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100095.
Full textIn the early months of 2011, a wave of protests in different Arab countries evolved into what is now known as: The Arab Spring. Some regimes fell and others succeeded to maintain their powers, but the juridical impact was mainly the same: the adoption of a new Constitution. Constitutional change was inevitable in Egypt, Tunisia and Morocco and anticorruption measures were the highlight of this change. The new Constitutions were designed to target both political and administrative corruption. The implementation of these constitutional mechanisms is to be assured by national anti-corruption strategies that were put in place. The study of the feasibility and efficiency of the application of these constitutional mechanisms cannot be done without examining the Constitution’s normative power in the above mentioned countries’ legal systems. Therefore, the legal, social and historical context within these states should be taken into consideration. Additionally, one should take into account the possible influences of Muslim law on these Constitutions given that the states in questions (Tunisia, Morocco, Egypt) have predominantly Muslim populations. Given the above, we explore how to prevent the violation of constitutional norms that target corruption. The constitutional judges ultimately find themselves playing a major role in assuring the respect of these norms. And when the executive control over the judicial behavior prevents the judges from doing so, then a new actor on the political scene: the civil society, could eventually play a major role in ensuring the implementation of the Constitution
Badri, Karim. "Légitimité religieuse et transition démocratique : le cas du Maroc." Nantes, 2012. http://www.theses.fr/2012NANT4015.
Full textThe Moroccan political system is characterized by its complexity and specificity. It is a system that tries to reconcile, on the one hand, religious legitimacy and, on the other hand, modern institutions. Hassan II, dedicated craftsman of a democracy Moroccan-style, used this specificity to refute the accusations of international organizations and Western countries about violations of human rights, considering that a universal system of Government would only be possible if men and morals were similar the world over. At the end of the 1980s, pressed by internal social movements on the one hand and an international environment conducive to a democratic opening and respect for human rights on the other hand, the monarchy had undertaken an institutional and constitutional opening while still attempting to manage the design and the consequences of this process. These controlled openings finally resulted in the undermining of the Moroccan political class. Under the pressure of the protest of February 20, 2011, spurred by the Arab spring, King Mohamed VI launched a new constitutional reform. This initiative raised high hopes of a true democratic transition but disappointment was great when considering the advances and stumbling blocks which it carried with it. Indeed, the new Constitution endorsed, as usual, the primacy of the institution of the Monarchy in the Moroccan political system. Mohamed VI’s Morocco has certainly evolved toward a less authoritarian system, nevertheless, it is far from a constitutional, democratic, parliamentary or social monarchy
Idlahcen, Elhabib. "L'application des normes internationales dans l'ordre juridique interne des états du maghreb : le cas du Maroc, de l'Algérie et de la Tunisie." Thesis, Artois, 2014. http://www.theses.fr/2014ARTO0301.
Full textThe analysis of reports between the international law and the internal law of three States from the Maghreb (Morocco, Algeria and Tunisia) turns out at the same time interesting and complex. Interesting as far as she allows to realize not only the evolution of these reports in the legal order of every State, according to let us let us revise constitutional. But also, to determine the degree of the integration of the State within the international community, as well as the area of the respect which reserves every State for the standards with international in particular conventional reach.As a consequence, judge from the Maghreb is called to adapt himself to the new requirements of a new international order considering the human being as main actor in the training(formation) of the international legal rule. Yet, it is necessary to indicate that the judges from the Maghreb tend to apply that the international capacities pulled by the multilateral and bilateral international commitments. The expression of the sovereignty of the State is essential. The distrust towards any rules or instruments which can put in danger the sovereignty of these States is omnipresent in reports and spirits of the political and legal class of these countries.It is not enough to set up a Constitution to congratulate itself, it is again necessary to apply it. The respect for its spirit and for its measures, conditions its success. Besides, of French inspiration, the fundamental Laws of these States are presumed to adhere to the benchmark model. Yet, the practice takes away them more than it moves closer to them to the source
Alhaj, Embarak Husam. "La séparation des pouvoirs dans le monde arabe : étude comparative des expériences du Maroc, de l'Algérie, la Tunisie, la Libye et l'Égypte : "Un principe à l'épreuve du pouvoir exécutif"." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100015/document.
Full textThe principle of separation of powers is one of the most important principles on which the idea of modern democracy is governed by the rule of law. It is a fundamental pillar of the structure of a democratic political system based on cooperation and balance between powers. This principle was expressed by Plato, Aristotle, John Locke, Montesquieu, and Rousseau. In the wake of the American and French revolutions, and their applications has become the most important guarantee to prevent the domination and tyranny of rulers as well as respect for human rights and freedoms and justice.This research aims at enlightening those interested in studying the law in its importance and prestige in the constitutional rules of the state. (Tunisia, Egypt, Algeria, Libya, and Morocco) and its impact on their constitutions, to determine whether the separation of powers is theoretical or practical, and to examine the specificity of these countries in applying this principle
Ghazani, Takfur Isabelle. "Acculturation constitutionnelle et résistances socio-politiques au Maroc." Paris 10, 1985. http://www.theses.fr/1985PA100172.
Full textHammioui, Karim. "La monarchie constitutionnelle et les droits de l'homme au Maroc." Perpignan, 2006. http://www.theses.fr/2006PERP0687.
Full textThis thesis analysis the constitutional monarchy and the question of the humans right to Morocco. The ambition of this works of research is to determine essentiel monarchical institution and its engagement for the evolution of the humans right in a context in deep changes. This work is composed of two parts. In a first part relating to the constitutional monarchy and the humans right, we evoked the statute of the constitutional monarchy and the question of the humans right to Morocco, we showed how the commander of believing control the religious fields and the Moroccan company and then we evoked the time called "the years of lead". In the second part of this work, we showed the existence of a harmonization between the international standards and the national law for the construction of a State of right. There was some discussion about measuring instituted them of control of the State of rights to have if Morocco worked seriously for the introduction of a State of right against the usurpation and trampling of the administration. Thus, we treated objectives of monarchy for the rehabilitation of the private citizens of the human rights, civic, social and also of the actions and the various royal initiatives through its speeches and various actions, companies for the promotion of the humans right
Saidi, Azbeg Hynd. "Processus de démocratisation et monarchie constitutionnelle au Maroc." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0352/document.
Full textThe political freedom in Morocco has become possible due to some factors that can be either internal or external. However, this latter cannot be disassociated from the willing of the monarchy to engage the country in a process of democratization to reinforce the rule of law.Being aware of the imperative democratization of the constitutional monarchy, Morocco seems to afford more priority to democratic principles. If Morocco has long been in the darkness of an absolute autoritarism, the different reforms engaged in these last decades have, at least, improved the quality of the local regime. However, certain resistance let us think more about the process of democracy, knowing that this latter is confronted to a disfunctioning of the system and mainly to the defects of the past. In this case, some challenges are mandatory.The present thesis, then, tend to answer the question if the democratic construction of the moroccan regime is possible in front of a political system which is based on the supremacy of the monarchy and on tradition.This problematic will be dealt with according to the mutation of the constitutional monarchy of the local regime. In addition to this, the present thesis estimates that Morocco is with no doughty in the right track of democracy even if still much effort is to be done. I t also considers that this process of democratization consists to conciliate the universality of democracy and the specificity of the democratic practice in Morocco
Ribas, Maura Andrés. "El estatuto de autonomía de las Islas Baleares : instituciones políticas y marco constitucional /." Palma de Mallorca : Universitat de les Illes Balears, 1988. http://catalogue.bnf.fr/ark:/12148/cb37419325k.
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