Rights and freedoms that may be invoked before the courts
- Equality of citizens, women and men (Art. 19), right to life and security (Arts. 20 and 21), prohibition of torture and arbitrary detention (Arts. 22 and 23).
- Protection of the family founded on marriage and of children (Art. 32).
- Right of property and freedom of enterprise (Art. 35).
- Access to justice, fair trial, judgment within a reasonable time, rights of the defence (Arts. 118 to 120).
- Justiciability of administrative decisions: any decision, whether individual or regulatory, may be challenged before the competent administrative court (Art. 118).
Organisation of the judiciary
- The judiciary is independent of the legislative and executive powers (Art. 107).
- Supreme Council of the Judiciary (Art. 113 et seq.).
- Constitutional Court and plea of unconstitutionality (Art. 133).
Key articles
Art. 118
« Access to justice is guaranteed to every person for the defence of their rights and interests protected by law. Any legal act, whether regulatory or individual, taken in administrative matters may be challenged before the competent administrative court. »
Art. 120
« Every person has the right to a fair trial and to a judgment delivered within a reasonable time. The rights of the defence are guaranteed before all courts. »
Art. 35
« The right of property is guaranteed. The law may limit its scope and exercise if the requirements of the country's economic and social development so require. Expropriation may only be carried out in the cases and forms provided for by law. The State guarantees freedom of enterprise and free competition. »
A lawyer's points to watch
- Constitutional principles may be invoked directly before the courts and form the basis of the plea of unconstitutionality.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.