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The Usurpation of Law Supremacy and Its Impact on Rising A al Science tic & li P o u Blaiha, J Pol Sci Pub Aff 2018, 6:4 P b f l i o c Journal of Political Sciences & Public l DOI: 10.4172/2332-0761.1000340 A a f n f r a u i r o s J Affairs ISSN: 2332-0761 Analysis Open Access The Usurpation of Law Supremacy and Its Impact on Rising a Personalised Power in Morocco Blaiha M* Department of Political Science, Ibn zoher University, Agadir, Morocco *Corresponding author: Blaiha M, PhD, Department of Political Science, Ibn zoher University, Agadir, Morocco, Tel: +212659082095; E-mail: [email protected] Received date: Sep 11, 2018; Accepted date: Oct 27, 2018; Published date: Nov 06, 2018 Copyright: © 2018 Blaiha M. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Abstract Through this paper, we are trying to highlight the issue of the personalization of power in Morocco, taking into account the multiplicity of approaches in order to comprehend the issue at hand. The question of the personalization of power in Morocco should first be seen from the standpoint of compliance with the rules of constitutional legality and the principle of law supremacy since the political practice of the 1980s has consistently disregarded this principle. Thus, the repeated political practices, which fall within the actor’s logic in pursuing profit and rejecting possible losses in their dealings with the rules of constitutional legality, has led to the emergence of implicit authority, the strengthening of an institution at the expense of other institutions in the State, as well as the factor of personalization which became apparent in Political practice in Morocco, as political practice has moved away from the heart of the law. On the other hand, the institutional approach may not help alone in understanding the issue of personalization power, considering that the above approach confirms the "What should be", while other approaches, especially sociological ones, seek to understand the phenomenon and monitor its manifestations in society, and the cultural and symbolic structures that Help build a political authority. Based on the two approaches, we will try to analyze the personalization forms of power in Morocco taking into consideration the two approaches. Keywords: Morocco; Politics; Political regime; Supreme law rituals and the system of values inside the society that help in fertilizing a personal authority. Introduction Recent studies in western countries shed light on the role of Mass The personalisation of power has been dominating in centuries ago, media in personalizing politics; this perspective doesn’t rely on the The heads of states mainly the kings claim that their authority comes institutional paradigm since it doesn’t illustrate clear explanation for from the skies. The power in that sense remains a personal belonging1. the question. However, in the third world, it seems the first paradigm The holders of power reject any kind of sharing power whit the people, will give prominent explanations since we are behind the new form of because of the divine rights, which give to the kings the right to personalized politics in the developed countries. We are instead represents the god’s will on earth. This image of the king as the second experiencing the old form of personalization. Therefore, the main God who needs to be obeyed has shifted radically with the rise of the potent element which can explain this problematic is “the institutional modern era. In fact, the rise of modernity limits the king’s power and perspective”, that is to say, the roots of personalized politics in Morocco brings down authority from the skies to its natural place, and thus the might come from the constant violating process of the law supremacy, power turns from being an individual affair into a collective enterprise. which leads automatically to power domination of a single institution However, in the third world, the power still have the characteristics of over other institutions. personal belonging due to the absence of sharing power with other The personal power has been a taboo in terms of academic research, institutions in the state. To tackle the domination of a single authority Just a few of studies concluded that the pattern of the political actions over other political actors, the scholarship has focused mainly on the is actually beyond institutionalism. In this regard, we are going to institutional framework that shapes the personalized politics. And thus examine to what extent the actors in the political system try to act this perspective discusses the domination of power based on the politically outside the constitutional legality from 1983 up to now by various roles of a single institution in the political body. However this giving examples of these acts. Meanwhile, the question of personalized perspective has been criticized radically by the sociologists because the politics in Morocco cannot be viewed just from the legal perspective, institutional perspective doesn’t draw the whole image perfectly, in but it can be analyzed by relying on works of theologian studies that fact, it focuses specifically on legal norms and how things “should look focus on the role of rituals and symbols in shaping a personalized like”. On the other hand, the other perspective tends not to answer how power [1]. things” should look like”, but in contrast, it goes deeply into more understanding of the phenomenon at hand, and thus it focuses on 1 Ana lines langer and susane Merkle, The personalization of politics in comparative perspective, campaign coverage in germany and the united kingdom European journal of communication 2014 vol.29 2 153-170 University of Erlangen Nuremberg-Germany. J Pol Sci Pub Aff, an open access journal Volume 6 • Issue 4 • 1000340 ISSN: 2332-0761 Citation: Blaiha M (2018) The Usurpation of Law Supremacy and Its Impact on Rising a Personalised Power in Morocco. J Pol Sci Pub Aff 6: 340. doi:10.4172/2332-0761.1000340 Page 2 of 5 By relying on the first interpretation we are going to argue that we the king in order to perform the demanded action. From that point, are facing a hidden constitution, which gives much more powerful the process of usurping the supremacy of the law has begun. powers to the supreme institution in the state. In contrast, the hidden The article 19th of the previous 1970s and 1990s constitution says powerful tulles give rise to a personalized power. On the other hand, “The King, "Amir Al-Muminin"(Commander of the Faithful), shall be we are going to rely on other different interpretations of theologian the Supreme Representative of the Nation and the Symbol of the unity studies to understand more the roots of personalized politics. thereof. He shall be the guarantor of the perpetuation and the Based on this methodology, we are going to answer the two continuity of the State. As Defender of the Faith, He shall ensure the principal questions below: respect for the Constitution. He shall be the Protector of the rights and liberties of the citizens, social groups and organisations. The King shall To what extent the constant usurpation of the crucial principle of be the guarantor of the independence of the Nation and the territorial the law supremacy creates in consequence a personalized power? And integrity of the Kingdom within all its rightful boundaries.” From it, we to what extent the rituals and the practices symbols of the political can notice that the article shed light on the supreme representation of regime help in establishing the idea of persoalisation? the Monarch institution and to a large extent it represents the To answer this problem we put two Main hypotheses: symbolical dimensions of the king as a defender and uniter of the whole nation. The political actors by their constant derogation of the law supremacy and mainly the constitution since the 80s creates, in Due to the political interpretation of this article in the 1980s, the consequence, a personalized power which is too far away from being symbolical dimension turns into a real executive power given to the governed by the law. By usurping the legitimate constitutional rules, king. The Scholar Rokia Almosadek consider this incident as the turn this constant process leads in consequence to a hidden constitution of the constitutional legality explosion2, this turn according to the which is much more powerful in offering extra powers to the royal same scholar give rise to two dimensions of treating the constitution, institution. the first one is implicit, that can be performed outside the legitimate constitutional rules, Meanwhile, the supremacy of the law is The various legitimacy of the political regime, and its constant use, subordinated to the political context. When it is against the elite, they give rise to a symbolic, wholly, and personalized authority. tend to find solutions outside the legal norms. The second is explicit which is related to the rules of the constitution itself. That means, the The Usurpation of Law Supremacy and Its Impact explicit interpretation usually followed by the elite when it doesn’t The constitutional practice in Morocco has been known by its denial reject their political aims, so they tend to accept the legitimate rules of the supremacy of law. Since the 1980s, Moroccan political regime when it doesn’t lead to possible political losses [2]. and the political elite have been usurping that crucial principle of the On the other hand, the 19th article is similar to the symbolical supreme law. Since that time, the principle of the supremacy of law has representation of the king supremacy in Spain and England as well.
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