HIBAPRESS
The President of the Constitutional Court, Mohamed Amine Benabdellah, highlighted today in Addis Ababa, the role of constitutional justice as a fundamental pillar in the process of building the modern Moroccan state, during the fourth international symposium of the Conference of African Constitutional Jurisdictions.
Benabdellah said, in a speech within the framework of this symposium held under the slogan "Constitutionalism and State Building," that "constitutional justice in Morocco constitutes one of the main pillars in the process of building the modern state, a process that has witnessed a remarkable development since the establishment of the Constitutional Council in 1994, until the consolidation of the Constitutional Court under the 2011 constitution."
He explained that this development was not merely an institutional transformation in the constitutional structure, but rather a transformation in the constitutional philosophy itself, where constitutional justice has become a real actor in guiding political and legislative life, controlling the balance of powers, and contributing to the establishment of the rule of law.
In this regard, he pointed out that Moroccan constitutional justice is no longer just a supervisory body with limited impact, but has become a central institution with reference authority in interpreting the constitution, protecting rights and freedoms, and ensuring the constitutional legitimacy of legislative and regulatory work, highlighting that the Moroccan experience during the last three decades has confirmed that state-building does not only depend on constitutional texts, but also requires effective constitutional justice capable of activating these texts, interpreting them, and correcting deviations that may affect the essence of the constitutional system or affect the stability of institutions.
The President of the Constitutional Court noted that Moroccan constitutional justice has contributed, on the one hand, to protecting the supremacy of the constitution through the exercise of prior review of the constitutionality of laws, which enabled ensuring the compliance of legislation with the principles of the constitution and protecting citizens from any infringement of their rights, and on the other hand, in protecting institutions and ensuring their proper functioning, mainly by preserving the constitutional legitimacy of elected institutions, and defining the scope of law and regulation, which reflects the central position of the Constitutional Court in the constitutional engineering of the state.
Benabdellah also highlighted the growing role of constitutional justice in consolidating participatory democracy and good governance, especially with the emergence of new mechanisms such as popular legislative initiatives, petitions, and petitions, through which "constitutional justice has become a guarantor of their proper exercise and a preventer of any deviation in their application."
In the same context, he pointed to "the contribution of the Constitutional Court in framing advanced regionalization, and in regulating the relationship between the state and territorial councils, through its decisions related to the organic laws of the territorial communities, especially within the framework of the extensions of the region within the unified and balanced state system, and Morocco is preparing to adopt the self-government system in its southern regions recovered since 1975."
The Moroccan judicial official also affirmed that the accumulated constitutional jurisprudence has become a "constitutional asset" that represents an integral part of the state-building process, but he stressed that the effectiveness of constitutional justice remains dependent on strengthening awareness among actors, especially politicians.
He stressed that constitutional justice, as the faithful guardian of the constitution, remains one of the most important guarantees to achieve a real democratic constitutional transition, as it is the institution capable of ensuring the delicate balance between the different powers, and protecting the homeland and citizens from any transgression that may affect the essence of the state and its constants.
The President of the Constitutional Court concluded that state-building in Morocco is closely linked to the effectiveness of the Constitutional Court, and its ability to continue to perform its role with complete independence, objectivity, and boldness, within a framework of harmony with the constitutional text and its spirit, and in the service of a strong and just state based on the constitution and the rule of law.
This international symposium aims to study in depth the relationship between constitutionalism and state-building in African countries, with a view to contributing to the promotion of democratic governance at the continental level.
The symposium program includes sessions that address several issues, including "Constitutionalism and State Building in Africa," "Constitutional Review Systems, the Rule of Law and Human Rights," "African Constitutional Systems and Socio-Economic Development," and "The Role of Judicial Institutions."
In addition to the presidents of the constitutional courts of several African countries, the symposium is attended by judges, legal experts, and a number of representatives of international organizations.
