الدستور و الدستورانية و الديمقراطية بالمغرب : إشكالات مفاهيمية

Abstract EN

This paper aims to address the question of constitution, constitutionalism and democracy from the standpoint of the Moroccan experience, as terms refer to different connotations and concepts in their essence, and complement each other when talking about democratic construction from a constitutional standpoint.

it is not enough to talk about the completion of the edifice of democracy within a particular state by having a referendum on it, if this constitution does not establish a constitutional reality that requires an explicit separation of powers, institutions with restricted constitutional powers, and decision makers subject to accountability.

thus, this paper argues that democracy is not established and entrenched in a constitution without constitutionalism, through which the ruler’s authority is bound by the authority of the law in his competencies and field of work, his legitimacy and powers, and the extent to which he observes those restrictions.