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Morocco

Mixed system Constitutional monarchy Written · 2011

Morocco operates a mixed legal system within a constitutional monarchy. Its written constitution (2011) stands as the supreme instrument of the legal order, prevailing over all ordinary legislation. This profile sets out, in structured form, how Morocco’s sources of law, constitution, courts, fundamental rights, regional commitments and avenues for assistance are organised.

Legal system
Mixed legal system
Government
Constitutional monarchy
Constitution
Written · 2011
Court of last resort
Court of Cassation
Jurisdictions
Unitary state
Legal language
Arabic, Berber
Regional framework
African Union (Banjul Charter)

Overview

Morocco operates a mixed legal system within a constitutional monarchy. Its written constitution (2011) stands as the supreme instrument of the legal order, prevailing over all ordinary legislation. This profile sets out, in structured form, how Morocco’s sources of law, constitution, courts, fundamental rights, regional commitments and avenues for assistance are organised.

Legal system & tradition

Morocco has a mixed legal system, combining elements of more than one tradition — commonly civil or common law together with religious or customary law. Different bodies of law govern different subjects: codified or common-law rules often regulate commercial and civil matters, while religious or customary norms may govern personal status, family and land. The applicable source therefore depends on the subject matter and, at times, on the parties involved, with Court of Cassation at the head of the judiciary. Its sources of law draw on more than one tradition, combining constitutional and statutory law with religious or customary rules according to the subject.

Constitution & government

Morocco’s constitution, adopted in 2011, is the supreme law of the land. It defines the structure of the state distributes power among the principal organs of government, and entrenches the fundamental rights and duties of individuals. All other legislation and executive action must conform to it, and a dedicated constitutional court or council reviews legislation for conformity with it.

Courts & disputes

Judicial authority in Morocco is exercised through a tiered court system. Matters are generally heard first by courts of first instance, whose decisions may be challenged before appellate courts, with Court of Cassation exercising final jurisdiction over the questions within its competence. Specialised courts or tribunals may handle constitutional, administrative, commercial, labour or family matters, depending on the subject.

Major branches of law

Civil & commercial
Contracts, business and transactions.
Criminal law
Offences and penalties.
Personal status
Family and inheritance, often religious or customary.
Constitutional & administrative
Public power and its review.
Property law
Ownership of land and assets.
Labour law
Employment and workers.

Rights & rule of law

Fundamental rights and freedoms in Morocco are guaranteed principally by the constitution and by legislation, and, where applicable, by the regional and international human-rights instruments the state has accepted. Their protection in practice depends on enforcement by independent courts and oversight bodies, and the precise catalogue, scope and available remedies vary by area of law. As a member of the African Union, Morocco falls within the framework of the African Charter on Human and Peoples’ Rights, overseen by the African Commission and African Court.

Key milestones

1956
Modern state founded / gained independence.
2011
Current constitution adopted.
Today
Operates under the mixed legal system tradition; key dates need verification.

Higher-risk & getting help

This profile provides general legal orientation and is not a substitute for professional advice. For a specific matter or dispute in Morocco, a lawyer qualified in the relevant jurisdiction should be consulted. Where they exist, legal-aid schemes, bar associations and official government services can help identify the appropriate forum and representation; in urgent situations affecting personal safety, local emergency services should be contacted first.

Official sources

About this profile

JusticeWiki profiles provide general legal orientation, not legal advice. Each section is reviewed and dated, and cites official sources so you can check the original. Found an error? Email us a correction and a reviewer will check it.