تراتبية النصوص القانونية و سؤال الكتلة الدستورية بالمغرب

Abstract EN

This article aims to explore the hierarchy of legal texts in relation to constitutional norms and the legal issues that arise from them.

It discusses the distinction between the constitution, principles with constitutional value, objectives with constitutional value, as well as the legal position of the constitutional preamble, and the most important jurisprudential opinions regarding its interpretation.

The article, then, moves on to examine the hierarchy between regulatory laws, normal laws, and the internal regulations of parliamentary councils, as well as international treaties and agreements in the light of 2011 constitutional changes using a comparative analytical approach.

It concludes that this hierarchy is based on the principle that no lower rule may violate the higher rule, while, at the same time, the lower rule cannot encroach on the legislative jurisdiction of the higher rule, which is a principle that applies to the reverse case (the higher rule).