Abstract

This study examines the foundations of constitutional monarchy in Morocco as the factors explaining the organic independence of the King, as head of state, from the other institutions of the executive branch. The study is organized around three axes. The first addresses the original foundations of the monarchy, namely the hereditary system and the bay'a (pact of allegiance), with their religious and historical dimensions. The second presents the constitutional foundations enshrined by successive Moroccan constitutions, particularly the 2011 constitution, which conferred upon the monarchy an added layer of legitimacy alongside its traditional legitimacy. The third is devoted to the question of the minimum age for accession to the throne and to the regency council, its composition and powers. The study concludes that the stability and resilience of the King's organic position, compared with the positions of heads of state in the other, republican, Maghreb countries, derive their strength from the dual religious and constitutional foundations of royal legitimacy.

Keywords

Constitutional monarchy; Morocco; bay'a; heredity; regency council; head of state; Commander of the Faithful.