International Journal of Legal Interpretative Judgement
Arab Democratic Center for Strategic, Political and Economic Studies (DAC) Berlin, Germany
Moderation in Islam, its features and most important obstacles
In this study, the researcher dealt with the topic of moderation in Islam, its features and most important obstacles. He began with the meaning of moderation, and its evidence from the Qur’an and Sunnah, and mentioned their most important features and features, its importance and the effects resulting from its application. He mentioned its most important obstacles due to ignorance, innovation, or misunderstanding, and the ideas that are opposite to it, such as extremism, extremism, and terrorism, and the danger of this to the individual and society, and ways to prevent this danger.
Adel Salahuddin Mohammed Khalawi Al-Joulani
Copyright (c) 2025 International Journal of Legal Interpretative Judgement
Abnormal readings narrated about the ten reciters, collected and guided through Al-Mughni’s book on abnormal readings, and the interpretation of Al-Bahr Al-Muheet in Surat Fatir
The study dealt with the anomalous readings of the ten reciters in Surat Fatir of the Holy Qur’an, through Al-Mughni’s book in the abnormal readings of Al-Nawzawazi, and the interpretation of Al-Bahr Al-Muhit by Abu Hayyan, collected and directed. The study showed the efforts of scholars in serving the book of their Lord, and the superiority of the eloquence of frequent reading over abnormal reading. The study also revealed that the number of abnormal readings reported by the ten readers in the related surah reached eleven readings in the two books Al-Mughni and Al-Bahr Al-Muheet, five of which are from Abu Amr. The study has also showed a discrepancy in the number of abnormal novels for the ten readers.
Surah Fatir, Al-Nawzawazi, Abu Hayyan, abnormal readings, the ten readers
The Objective of consolation and its contemporary applications
This research addresses the objective of consolation and its contemporary applications. It begins by defining the concept of objectives and explaining the meaning of consolation both linguistically and terminologically. The research then clarifies the concept of the objective of consolation, its significance, types, and its legitimacy according to the Qur'an and the Sunnah of the Prophet (PBUH). It further explores the ruling of consolation, the wisdom behind its legislation, and the extent to which Islamic jurisprudence recognizes it within the essential, necessary, and improvement-related objectives. The purpose of consolation is categorized according to the division of Islamic objectives. The research also examines contemporary applications of consolation, including the consolation of prisoners and their families, orphans, the poor, beggars, students of beneficial knowledge, debtors, sick poor people, new Muslims, and the use of social media for consolation. A case study of Gaza is provided, highlighting its needs in terms of essentials, necessities, and improvements. The key findings of the research include the categorization of the objective of consolation into consolation for essentials, necessities, and improvements. Recommendations include activating collaboration between countries and Islamic institutions to provide timely and effective consolation for Gaza.
Objectives, Consolation, Zakat, Disasters, Islamic Jurisprudence, Compassion.
The fall of the civil liability of the lawyer in the Palestinian legislation
This study dealt with the issue of the fall of the civil liability of the lawyer in the Palestinian legislation, through two sections. Responsibility and the statute of limitation of the liability lawsuit in the Egyptian and Palestinian legislation. The study aimed to demonstrate the extent to which the legislator is keen on the lawyer and his private work, and the extent of the convergence between the Lawyers Law No. 3 of 1999 and the Palestinian Civil Law No. 4 of 2012. The lawyer will prove that this harm that occurred to the victim was caused by the act of others, and to solve this problem, the researcher followed the comparative analytical approach by analyzing the legal texts contained in the Palestinian lawyers’ law, and comparing them with other legislations such as the Egyptian legislation and the Emirati legislation, The study concluded with a number of results and recommendations, the most prominent of which is that not every mistake that results in damage in any process carried out by the lawyer is responsible for it, and that every individual in the lawyer's office is liable for his own mistake, unless a force majeure, a foreign reason, or a mistake from the victim intervenes to negate this. Responsibility for them, and the study recommends the need for the legislator to define precise elements of responsibility for the lawyer in his professional work through some amendments to the Law of Regular Lawyers No. 3 of 1999 AD.
loss of civil liability, lawyer, act of others, contractual liability, tort liability
Compensation for Expropriation: Between the Gaps in Moroccan Law andPractical Reality
Expropriation, even for public benefit, harms the private property of individuals, which is protected by the constitution and its violation is prohibited. To remedy this harm, the expropriation law requires the expropriating authority to provide compensation to the affected property owner in exchange for the expropriation. However, the implementation of compensation is hindered by a range of challenges and difficulties that prevent the affected party from receiving it. This poses a risk to individuals' rights and undermines the institution of the rule of law and justice.
Expropriation - Public benefit - Compensation - Redress of harm
Provisions on staying up late in Islamic jurisprudencea study in light of objectives of Islamic Sharia
This research deals with the provisions of staying up late in Islamic jurisprudence/a study in light of the objectives of Islamic sharia, where the concept of staying up late, its causes and harms are explained. Then the categories of staying up late in Islamic sharia were explained, as it falls under the five mandatory provisions of Sharia law. The obligatory staying up late, the recommended staying up late, the permissible staying up late, the disliked staying up late, and the forbidden staying up late were explained. One of the most important findings of the study was that staying up late is one of the things that has spread and distracted many young people and even led them into sin. This is due to the spread of distractions, so it is necessary for the Muslim person to fear God in his time, just as parents must fear God in their children and to monitor them.
Islamic jurisprudence, purposes of legislation, staying up late, calamitiess, mandatory provisions.
The International Criminal Responsibility of the Israeli Occupation for its Violation of Natural Resources in Palestine
The study aimed to shed light on international criminal responsibility for the Israeli occupation's violations of natural resources in Palestine according to the provisions of international law. The researchers followed the inductive approach to analyze the provisions and principles of international law and Palestinian law that guarantee Palestine's right to exploit its natural resources and subject anyone who violates them to international criminal responsibility. The study came in two sections. In the first section, the researchers addressed the legal classification of the crime of seizing natural resources, then in the second section, they reviewed the elements of the crime of seizing natural resources in Palestine. At the end of the study, the researchers reached several conclusions, the most important of which are: The process of seizing, exploiting and obtaining natural resources by the occupation is a process in which all the elements and components of an international crime are present, and the International Criminal Court is considered one of the practical and effective international mechanisms to protect natural resources in Palestine and hold it accountable for its violations of them on an international level. It is an entity that can be trusted for prosecution and accountability in the event that it is not politicized to try the Israeli occupation for its violations of these resources, as these violations amount to crimes stipulated in the Statute of the International Criminal Court. The study recommended placing confidence in the international judiciary and not hesitating to knock on its doors to address any violation of the rights of the Palestinian people to own and benefit from their natural resources. The researchers also recommended that Palestinian officials enhance their knowledge of their rights related to the exploitation of their resources in accordance with the provisions of international law and defend them in international forums and international judiciary in accordance with these provisions.
Criminal responsibility, natural resources, seizure, international judiciary, violations
Copyright (c) 2026 International Journal of Legal Interpretative Judgement
The Explanatory Memorandum of the Unified Arab Penal Code and Its Role in Codifying Sharia Penalties
The subject of this study is “The Explanatory Memorandum of the Unified Arab Penal Code and Its Role in Codifying Sharia Penalties,” which is examined through three main sections: the first covers the origin of the explanatory memorandum, the second presents the provisions of the memorandum, and the third provides observations on the explanatory memorandum. One of the objectives of the study is to benefit from the explanatory memorandum in the codification of Sharia penalties. The study followed a descriptive-analytical approach, using both inductive and deductive methods. The findings of the study indicate that the explanatory memorandum is distinguished by its detailed presentation of the Shariah hudud (punishments) and qisas (retribution), as well as their methods of execution. The study recommends that Arab countries take into account the provisions outlined in the explanatory memorandum when codifying Sharia penalties and also benefit from artificial intelligence systems in the codification process.
Codification, explanatory memorandum, artificial intelligence, Unified Arab Penal Code, qisas, hudud
The question of human rights and the issue of buildinga civil state in the Islamic world
This study examines the issue of building a civil state in the Islamic world from a legal perspective, particularly in light of the social and political repercussions following the rise of Islamists to power, or their aspirations to do so, in many post-2011 mobilization states. It also considers the concerns of secular political and civil elites, as well as non-Muslim minorities in these countries, regarding the possibility of Islamists tightening their grip on power and establishing a totalitarian theocratic state. Such a state, they fear, would restrict individual rights and freedoms and exclude those who hold different religious beliefs, thereby distancing society from the dream of establishing a true civil stateز The study seeks to free the challenge of building a civil state from the pressures of national political contexts, which have been characterized by intense ideological conflicts among socio-political actors for decades in the history of the national state. These conflicts have had negative effects on the unity of the national political community. On the other hand, the study emphasizes that the issue of the civil state—understood as a space for coexistence among all members of the national political community—is fundamentally a matter of constructing an order of rights, governed by the realization of "human dignity" for all citizens, without discrimination
Civil state - Human rights - Order of rights - Citizenship
The Effect of War as a Force Majeure on the Contract of Sale “An Analytical Study”
This research addresses the impact of war as a force majeure on sales contracts, examining its effect on the obligations of both the seller and the buyer under Palestinian civil law. The study explores the legal consequences of force majeure in times of war, analyzing how the parties involved deal with these exceptional circumstances. The focus is on the seller’s obligation to deliver the goods on time, the possibility of postponing or modifying the delivery due to war, and the seller’s liability for damage to the goods if destroyed by war. On the other hand, the research examines the buyer’s obligations, such as payment and acceptance of the goods, and analyzes how war affects the buyer’s ability to fulfill these duties, including the possibility of exemption from payment or delivery in the case of force majeure. It also addresses the necessity for the buyer to notify the seller of the impossibility of performing their obligations due to exceptional circumstances. The researchers reached the following key recommendations: 1.The need to amend Palestinian legislation to clarify and specify the legal procedures related to force majeure in cases of war, ensuring the protection of contractual rights for the parties involved. 2.The importance of raising awareness among contracting parties regarding the necessity of promptly notifying the other party of the impossibility of performance due to force majeure, in order to avoid liability due to delay or failure to notify. The study concludes that the impact of war as a force majeure requires legal modifications to ensure the fair application of the law and the protection of the parties’ interests in times of exceptional crises
War - Force Majeure - Theory of Unforeseen Circumstances - Buyer - Seller - Compensation
Signing international treaties from a legal and Sharia perspective
This study dealt with the CEDAW Agreement in international law and national legislation from a legal and Sharia perspective, aiming to identify the nature of this Agreement and its role in building interests, preventing harms, and achieving sustainable development, as well as explaining its nature, objectives, legal and Sharia rules and principles regulating it, as well as the legal and Sharia nature of commitment to the Agreement, as it appeared in the research that the legal and Sharia nature related to joining the Agreement, Such as the means by which we reach ends, because God Almighty has worshiped us with means and causes just as we worship with purposes and ends, and with regard to this agreement and its provisions, a number of evils are attached to it that affect the legal text and scientific application that affect the culture of societies and thus negatively affect their interests and the stability of the extent of their commitment to Sharia and the law, according to the aspects and details addressed by this study.
CEDAW, signature, agreement, legal perspective, international law
The validity of genetic fingerprints in criminal evidence
Despite the importance of genetic fingerprints in proving many crimes, they have sparked a great deal of controversy, especially regarding their evidentiary power. While some people assign great importance to them in accurately identifying people, leaving no room for doubt, because one of the advantages of these fingerprints is that they retain their characteristics even after several days of being left at the crime scene, we find, on the other hand, those who do not rely on them in criminal evidence, considering several external factors that may affect their evidentiary power. The deficiency in technical or practical aspects, which is most common on the part of experts, sometimes leads to the complete waste of genetic evidence, In addition to this, genetic fingerprints play a role in proving many crimes, through which the judge can form his conviction regarding the evidence, so that the court can decide the dispute before it, in terms of the accused’s conviction or innocence, These biological evidences and samples are diverse (such as blood, hair, semen, urine, etc.) and all help the court in deciding the dispute before it.
DNA fingerprinting - evidence - crimes - biological samples
Insanity and Its Effect on the Formation of the Marriage Contract
The marriage contract constitutes an important area of legal and jurisprudential study due to the complex issues associated with its formation and validity. This research examines insanity as one of the legal impediments affecting an individual's legal capacity and analyzes its implications for the establishment of the marriage contract. Since legal capacity represents the essential foundation of legal acts and transactions, any impairment resulting from insanity may significantly influence the validity and legal consequences of actions performed by the affected individual, including those related to marriage. The significance of this study stems from both its theoretical and practical dimensions. From a theoretical perspective, it contributes to the legal understanding of the relationship between legal capacity and the validity of marital consent. From a practical perspective, it addresses the challenges that may arise when one of the contracting parties suffers from insanity, thereby affecting the formation and continuity of the marital relationship. To achieve the objectives of the study, the research is structured into an introduction and two main sections. It critically examines the principal juristic opinions concerning the effect of insanity on the marriage contract, analyzes the evidentiary foundations of these opinions, and identifies the most persuasive viewpoints. Furthermore, the study investigates the position adopted by contemporary legislation regarding insanity as a factor affecting contractual capacity in marriage. The research concludes with a set of findings and recommendations derived from the analytical discussion, with the aim of enhancing legal and jurisprudential understanding of the subject.
; Legal Capacity; Marriage Contract; Marital Consent; Personal Status Law.
The Deterrent Efficacy of Alternative Sanctions in Stock Market Crimes:A Comparative Study
As financial intermediaries increasingly align their misconduct with rational economic calculus, traditional custodial sentences have shown limited effectiveness in regulating stock market crimes, confronting contemporary criminal policy with an unprecedented paradigm shift. in this regard this study scrutinizes the Moroccan legislator’s transition from classical retribution to utilitarian sanctioning under Law No. 43.22, aimed at preserving capital market stability. Drawing on comparative legal frameworks, this paper critically evaluates the deterrent efficacy of alternative mechanisms—specifically "day-fines" and professional disqualifications—in curbing financial manipulation. The study, therefore, advocates for a nuanced equilibrium that enforces individual executive deterrence without compromising the financial solvency of brokerage firms, thereby sustaining investment continuity and shielding the national economy from systemic shocks.
Alternative Sanctions; Stock Market Crimes; Law 43.22; Financial Intermediary; Utilitarian Justice
Directing constitutional judiciary to activate the Jordanian ConstitutionTo enable its positive role in overseeing legislative omission
The primary objective of constitutional review is to verify the compatibility of legislative texts issued by the legislative authority with the provisions of the Constitution, based on the principle of constitutional supremacy within the state’s legal system. However, the exercise of such review raises several complex issues, most notably the problem of legislative omission and the extent to which it may be subject to constitutional judicial review. Legislative omission refers to the legislator’s failure or reluctance to enact the necessary legislative regulation required to implement a constitutional provision or to ensure the effectiveness of a constitutionally guaranteed right, which may lead to the emergence of a legislative gap that could negatively affect the protection of rights and freedoms. This study is based on the assumption that legislative omission, whether total or partial, may become a source of constitutional violation when it results in the suspension of rights and freedoms or empties constitutional provisions of their substantive content. Accordingly, the research seeks to determine the limits of the role that constitutional judiciary may exercise in addressing such omission, and whether this role is confined merely to declaring unconstitutionality, or whether it may extend to guiding the legislator to remedy the omission within the framework of the principle of separation of powers. The study therefore examines the limits of the constitutional judicial role when confronting legislative omission: should it be limited to declaring unconstitutionality, or may it extend to guiding the legislator and setting a legislative timetable for addressing the omission? It also addresses the tension between the concept of the “constitutional judge as guardian of the constitution” and the requirements of the separation of powers, which prevents the judiciary from replacing the legislative authority in establishing general legal rules. To answer these questions, the research adopts a comparative analytical approach by examining models of constitutional review that have dealt with legislative omission through various mechanisms, such as legislative injunctions, declarations of unconstitutionality accompanied by a grace period, or interpretative decisions that remove constitutional inconsistency without creating new legal rules. The study concludes that judicial review of legislative omission can be exercised while respecting the principle of separation of powers, provided that the constitutional judiciary confines its role to identifying omissions that have constitutional implications and drawing attention to the necessity of legislative intervention to address them, without substituting itself for the legislative authority in establishing general rules or determining legislative policies.
Constitutional Judiciary, Legislative Omission, Separation of Powers, Judicial Review, Constitutional Rights
The Legal Role of Foreign Consulates in the Moroccan Sahara:An Analysis in Light of the Principle of International Recognition
Since 2019, the cities of Laayoune and Dakhla have witnessed an unprecedented wave of consular openings by African, Arab, and subsequently Latin American states. This trend reached its peak with the adoption of United Nations Security Council Resolution 2797 on 31 October 2025, which identified Morocco's 2007 Autonomy Initiative as the realistic basis for the political process. This article examines the extent to which this consular practice may be interpreted, from a legal perspective, as evidence of implicit recognition, thereby strengthening Morocco's position regarding its southern Saharan provinces. The study combines a doctrinal analysis of the rules governing international recognition with a critical documentary and quantitative examination of the consular phenomenon, including the geographical distribution of consulates between Laayoune and Dakhla, the official statements accompanying their establishment, and a case-study approach. It also analyzes the positions adopted by the two principal parties to the dispute, namely the Polisario Front and Algeria. The article concludes that the establishment of foreign consulates constitutes compelling evidence of implicit recognition of Moroccan sovereignty, particularly in light of the absence of explicit reservations and the continuity of this practice over time. Such developments reflect a significant shift in regional and international balances of power in favor of the Moroccan position.
Moroccan Sahara, the principle of recognition, Tacit Recognition, international law, consulates, the Vienna Convention
The nature of the relationship between the governor's institution and decentralized services In light of the National Charter for Administrative Decentralization
This is enshrined in Article 145 of the Moroccan Constitution and the organizational laws of the territorial communities, and is also confirmed by the provisions of the National Charter for Administrative Decentralization, which made governors and workers the most powerful actor in the new administrative decentralization policy, as this power is manifested through their relationship with the decentralized departments of the central administration. The National Charter for Administrative Decentralization reconsidered the role of governors and workers in order to make them an important tool for bringing the administration closer to citizens and responding to their needs, as they are in charge of coordinating between the various decentralized departments at the level of the tasks and competencies assigned to them, according to a unified strategy that enables the proper implementation of development programs and projects.
Governor's institution, decentralized services, National Charter for Administrative Decentralizat
The digital echo of armed conflicts and the formation of public opinion
This article examines the impact of digital social networks (DSN) on public opinion in times of conflict. It highlights the advantages and challenges of this evolution in information dissemination and mobilization of public opinion. Digital social networks facilitate the creation of social movements and solidarity campaigns, but they also raise concerns such as misinformation, polarization, and radicalization of public opinion. To address these issues, online platforms have obligations to strengthen their moderation policies and fight against illicit content. However, it is essential to encourage civil society to question the authenticity and reliability of published data, diversify sources of information, and adopt constructive dialogue to foster an informed and engaged public opinion during times of conflict. This essay explores the legal challenges that these platforms face in terms of direct interaction, transparency, and objectivity. After more than two months of conflict, it provides an analysis of the propaganda strategies used by the parties involved in the Israeli-Palestinian conflict and their impact on public opinion. It also emphasizes the importance of promoting responsible, informed, and ethical communication during sensitive periods.
Access to information; Digital social networks; armed conflict; platforms; propaganda; disinformation, Israel, Palestine
Water Security in Morocco and the Question of Sustainable Development : What is the Relationship ?"
Water security is a critical issue in Morocco, where arid climates and uneven water distribution challenge sustainable development. This article explores the intricate relationship between water security and sustainable development, emphasizing how water scarcity impacts economic sectors like agriculture, industry, and tourism, while also affecting social stability and environmental health. The discussion includes an analysis of Morocco’s National Water Plan, initiatives in desalination and renewable energy, and the challenges posed by climate change and urbanization. By examining these elements, the article highlights the need for integrated water resource management, public awareness, and innovative technologies to ensure long-term water security and sustainable development in Morocco.
Moroccan water security - sustainable development - climate change
International Legal Responsibility of Private Security Companies for their Illegal Actions
This research aims to examine the extent to which international liability applies to the activities of private security companies, by analyzing concepts and defining the framework of liability within the scope of international law. The research addresses the concept of private security companies and the characteristics that distinguish them from the work of regular armies. It also examines the extent to which international liability applies to private security companies and the legal basis upon which it is based. We then review the obstacles that impede their work within the countries in which they import their services. Consequently, by identifying these obstacles, liability can be mitigated, whether through international agreements and treaties of all kinds, or by addressing domestic legislative texts to the extent that limits the scope of their activities, which may often be characterized by illegality. In analyzing the applicability of international liability rules to private companies operating in the security sector, the research relies on international treaties and conventions. It also primarily examines the obstacles created by practical reality, which renders addressing the illegal activities of security companies weak compared to international and national efforts on the subject.
international responsibility, security companies, international law, private security companies, legislative obstacles, punitive obstacles, International Criminal Court
Law No. 22-03 on the Investment Charter: Between Legal Ambition and Practical Reality
Law No. 03.22, the new investment charter, comes within a national and international context marked by profound economic transformations and increasing competition to attract investment. This law seeks to establish an integrated framework to stimulate investment, as it is a key lever for economic growth, job creation, and the achievement of spatial justice. The charter seeks to enhance Morocco's attractiveness as a destination for foreign direct investment, directing capital toward strategic sectors with high added value, while improving the business environment and simplifying administrative procedures. It also focuses on supporting small and medium-sized enterprises, reducing development disparities between regions, and encouraging local production, in line with the objectives of the new development model. It represents an ambitious step toward a new economic takeoff, but it remains contingent on the ability of the state, institutions, and local actors to translate its contents into a practical reality that positively impacts investment and comprehensive development.
Investment - Business Climate - Development - Tax Incentives - Procedure Simplification - Regional Disparities.
The Financial Legislator Between Protecting the State Budget and Infringing on Individual Rights: The Role of Administrative Justice in Striking a Balance
Final judicial decisions that have acquired the force of res judicata are binding on all parties, whether individuals or legal entities, public or private. However, the refusal to enforce administrative judgments constitutes a serious breach of judicial authority and undermines the rule of law, as guaranteed by Article 126 of the Constitution, which states that final court rulings are binding on everyone. While Article 7 of Law No. 90-41 establishing administrative courts permits the application of compulsory enforcement measures, by reference to the Civil Procedure Code, against public bodies in cases of non-compliance, Article 9 of the 2020 Finance Law prohibits such enforcement against the assets of the State and local authorities. This legislative provision has significantly impacted both the practical implementation and future outlook of enforcing administrative court rulings.
Mechanisms of compulsory enforcement – Article 9 of the Finance Law for the year 2020 – Determining responsibilities.
Food Security Policies in the Face of Climate Change"Challenges and Strategies"
Food security is one of the strategic issues facing countries in light of rapid climate change, as these changes affect agricultural production, water availability, and biodiversity. With the accelerating pace of climate change, the world’s food systems are threatened in an unprecedented way, which requires us to think seriously about effective and adaptive policies to face this phenomenon, which makes it necessary to adopt effective policies and strategies to ensure the sustainability of food and its availability to the population. In light of the climate shifts that threaten food systems at the global level, there is a need to review public policies related to food security, especially in climate fragile countries such as the kingdom of MOrocco, which has been suffering from the repercussions of climate change. The severity and speed of climate change as well as social and economic changes pose a clear threat to food security, especially for the poor due to their dependence on climate-sensitive activities and their weak ability to adapt, as climate change leads to erratic weather conditions, and thus erratic precipitation, thus threatening agricultural productivity, especially as changes in some areas greatly exceed the adaptive capacity of the population.
food security, climate change, water resources outlook, agricultural productivity, challenges, strategies
Employee Transfers and Redeployment : Balancing Administrative Discretion and Judicial Oversight
This article explores the role of Morocco’s administrative judiciary in balancing the administration’s discretionary authority and employees’ rights. It underscores the significant evolution of judicial oversight over employee transfer decisions since the 1958 Dahir (legislative decree), which granted the administration broad discretionary powers based on "administrative interest." Initially limited to reviewing legal formalities, judicial oversight gradually expanded to dismantle administrative immunity, particularly with the introduction of concepts such as "abuse of authority" and "misuse of power" in the 1970s. A pivotal shift occurred with the judiciary’s establishment of monitoring the "element of intent", enabling courts to scrutinize hidden motives behind administrative decisions and expose transfers masquerading as punitive measures. Currently, all transfer decisions are subject to legality reviews, including verification of procedural compliance, while assessments of appropriateness remain exempt. This approach reflects a dual commitment to enhancing transparency and safeguarding rights without undermining administrative flexibility, framed within a dynamic interplay between governance imperatives and employee protections. However, challenges persist, such as the administration’s expansive discretionary latitude, which necessitates bolstering preemptive oversight mechanisms and establishing clear performance standards. The article concludes by stressing the imperative of balancing public service interests with employees’ rights—such as accommodating health and social circumstances (e.g., illness or marriage) —and revoking decisions deemed disproportionate or legally unfounded.
Administrative Judiciary ; Administrative Discretionary Power ; Individual Status ; Judicial Oversight ; Employee Transfers ; Legality and Appropriateness.
Moroccan Parliamentary Elites after the 2011 Constitution: An Analytical Reading
This study aims to analyze the role of Moroccan parliamentary elites after the 2011 Constitution, by examining their structural and political characteristics and evaluating their legislative and oversight performance during the ninth and tenth legislative terms. The results showed the continued underrepresentation of women and youth despite the enactment of legislative mechanisms such as the national list mechanism, as well as the impact of behaviors such as political nomadism and the absence of parliamentarians on the effectiveness of the legislative institution. The legislative and oversight outcomes also revealed a disparity between quantity and quality, which calls for a rethinking of ways to enhance the efficiency of parliamentary elites and their role in enshrining the democratic principles enshrined in the 2011 Constitution.
Parliamentary elites - Moroccan Parliament - 2011 Constitution - Legislative work - Oversight work
Impact of constitutional change on the laws in force
The life of any constitution cannot last forever, Therefore, any change or change in the political, social or economic structure of the State, It entails amending or modifying its Constitution in a manner consistent with emerging situations and circumstances. Since most constitutions stipulate how to partially amend them, However, the absence of explicit constitutional provisions stipulating the abolition of the Constitution, its abolition mechanism and its abolitionist body, Similar to the mechanism for amending the Constitution, And here lies the problem of research, it makes sense that constitutions do not provide for their abolition, The nature of the constitutional order implied continuity and adaptation to the existing political situation. If amending the constitutional rules is a means of harmonizing the State's circumstances with the Constitutional texts governed by, However, there may be a significant evolution of political ideas. In this case, it is not enough to amend some of the constitutional texts to achieve this alignment The constitutional document must be revoked altogether and replaced by another, Adapted to new conditions and conditions in society, Hence the extent of the effect of repealing or changing the Constitution in the laws in force, whether they include, Ordinary laws or basic laws and the fate of such laws in the constitutional legislation of some States. One of the most important recommendations was the need for democratic ways of abolishing constitutions and the best way was to follow The legal or ordinary method of issuing a new constitution through a constituent assembly or a popular referendum. In order to maintain and stabilize the Constitution, the fundamental elements of the Constitution must be provided, including the amendment of the Constitution , According to the actual need and in line with the conditions and developments prevailing in the country. In order to avoid the abolition of constitutions whether by legal or illegal means, This creates legislative stability in the State and ensures the State's continuity and survival.
Effect of constitution change, laws in force, ordinary laws, Basic Laws, Legal Method, Illegal Method
Territorial development in Morocco:Reality and stakes
The reality of management in local communities in Morocco is hindered by several challenges, which have had a negative impact on achieving comprehensive development therein. This has led those involved in its management to seek out modern mechanisms and means for territorial management to make it keep pace with the aspirations and development needs of the local population. The challenge of territorial governance as a lever for territorial development has become a very important requirement, necessitated by the developments of the current context and imposed by the challenges of the future phase, thus embodying the establishment of the foundations of the development model to which Morocco aspires.
Territorial management- Territorial development- Territorial governance- Administrative decentralization- Territorial groups
Developmental Implications of the Administrative Deconcentration System at the Regional Level
The administrative deconcentration system in Morocco constitutes an institutional framework aimed at promoting regional development through the delegation of a portion of decision-making authority to local authorities. This system enables improved governance of territorial management, ensures spatial justice, and fosters equal opportunities among regions, thereby supporting the strategic objectives of sustainable development. It relies on empowering local authorities with planning and implementation tools, coordinating public policies, and effectively directing local investments. Furthermore, it encourages the integration of national and regional policies and reinforces participatory planning with the involvement of local actors and civil society, thereby consolidating the principles of transparency and accountability. The system contributes to the development of the local economy, including the social and solidarity economy, by supporting investment projects and small and medium-sized enterprises. It also provides precise mechanisms for collecting the information and data necessary for evidence-based decision-making grounded in local realities. Emphasis is placed on the integration of local plans with national strategies to ensure alignment between economic and social development and population needs. Overall, administrative deconcentration represents a significant lever for achieving balanced and sustainable regional development by enhancing administrative efficiency, stimulating investment, and supporting local community participation in decision-making.
Administrative decentralization, local investment, local plans, national strategies, economic and social development
Legal and institutional mechanisms to ensure water security in Morocco
Many studies and research suggest that Morocco is located in a region that, due to climate changes, will suffer from severe water resource failure in the mid-21st century. In view of this situation, Morocco has pursued a strong national water policy aimed at rationalizing the use of water, making universal use of water and remedying the disparities between cities and the Wadi within the framework of programmes aimed at achieving water security on the whole of the Kingdom's soil. In this context, ensuring and protecting water resources from various forms of abuse has become one of the most important subjects of special concern. By public authorities. This concern was reflected in the Moroccan legislature's enshrinement of a variety of legal protections for the watercourse through the promulgation of a series of legislative acts, perhaps the latest of which was Act No. 36.15 on water. In addition to strengthening, the institutional framework mandated to administer the King's public water, both centrally and locally.
Water security – Public water domain – Legal mechanisms – Institutional framework
The impact of the electoral system on the formation and stability of government coalitions in Morocco
The proportional representation system in the Moroccan electoral experience has resulted in the formation of coalition governments as a necessity imposed by the electoral outcomes of this system. These results have fragmented political representation within the House of Representatives among a large number of political parties, making it impossible for any single party to secure a majority in the House that would enable it to form a government. Hence, this study aims to examine the key characteristics of the process and nature of forming governmental coalitions since the adoption of the proportional representation system, and its direct impact on the functioning and stability of governments.
Electoral system – Proportional representation system – Government coalitions – Government majority – Electoral justice – House of Representatives