L’exception d’inconstitutionnalité au Maroc : perspectives d’introduction et quête d’équilibre en activation

Abstract EN

The Moroccan Constitutional Judiciary Foundation reflects one of the most important directions of the constitutional legislator in constructing a state of law which guarantees rights and freedoms.

Throughout successive constitutional reforms, this legislator worked on enhancing its attributions and its position within the national institutional edifice.

In this regard, the exception of unconstitutionality stipulated in chapter 133 is thought of as one of the prominent novelties of 2011 constitutional document.

As being a mechanism that allows the constitutionality post control of laws, its activation promises vast and prolific prospects in terms of protection of rights and freedoms, and preventing potential legislative violations that may be included in some laws.

Nevertheless, this activation, through approving the organic law No.

86.15, has experienced a noticeable delay because of searching for a balance in the application procedures, especially those related to the filter system