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Morocco’s King: Constitutional Arbiter and Guardian of Religious Freedom
Wednesday 14 August 2019, by
In an interview, the political science researcher, Najib Mouhtadi, sheds light on the King’s arbitration function, enshrined in the 2011 Constitution, in its Article 42.
"Article 41 defines the powers of the King, starting with his religious competences, as Commander of the Faithful and guarantor of the free exercise of religions. But Article 42 informs about his arbitration function," notes Najib Mouhtadi, who confides in Tribune Afrique.
For the researcher, this arbitration function is manifested in the powers the monarch has to ensure respect for the Constitution and the proper functioning of constitutional institutions. The King is also the guarantor of the preservation of the democratic choice and protects the rights and freedoms of citizens and local authorities.
Indeed, the King ensures the normal functioning of all institutions, including the Government which remains, before him, accountable, just as before Parliament. "In the event of real or alleged deviation from governmental practice or if it deviates from democratic choices, he points out, the King has full latitude to remedy the situation, by activating the constitutional instruments recognized to him," observes the political science researcher.
According to the specialist, Mohammed VI has above all a symbolic power that often operates in parallel with the legal mechanisms provided for by law. The examples are legion. The researcher reminds the collective memory of the situations that could be resolved thanks to the interventions of the Sovereign.
In short, "this arbitration function is also an element of balance, in a multicultural, multi-ethnic and increasingly multi-denominational society," said Najib Mouhtadi.