Service of Magharebia

The establishment of democracy in the Arab-Muslim world, and the Maghreb, is a complex and multidimensional issue…
The problem that arises first is the scope of the relationship between the State and religion, not in terms of symbols, but in terms of regulations and laws… Obviously, the separation of powers is absolutely meaningless for a State that adopts Islamic law instead of man-made laws, since the legislative authority is stripped of its main power of enacting laws and legislation within this theocracy…
The second key issue is the extent of the autocracy’s focus and intensity… The separation of powers will be partially effective, if not completely useless, if the Head of State has broad powers, or if there is no control over his authority, even if he is not unfair…
Clearly, the main two conditions for building a credible democratic State are: 1) ensuring the civilian, i.e. non-religious, character of the State, and 2) reducing the powers of the Head of State, and institutionalizing precise mechanisms to control his authority…
Only in this context does it become possible to ensure a complete separation of the three powers…
We should emphasize, though, the crucial need to ensure the independence of the judiciary, since it’s the sole guarantee of the freedoms and rights of citizens…
Various Maghreb experiences have demonstrated that several mechanisms are needed to ensure a genuine independence of the judiciary, be it in the professional and administrative organization of the sector, or in the relationship of the judges with the different stakeholders in the judiciary body…
In this regard, it is time to understand the need to:
1 – Completely neutralize the judiciary and judges in the political field.
2 – Prevent the Ministry of Justice from managing the judiciary. The Supreme Judicial Council elected by the judges is the only authority that should control all their professional and administrative matters…
All experts agree that the separation of the executive, legislative and judicial powers is the cornerstone of any credible democratic system…
Morocco has cleverly learned its lesson from the continued turmoil… more
All Maghreb countries, except for Libya, are former French colonies… more
Maghreb countries are embarking on the path of separation of… more
Your Comments
commentsAnonymous About about 1 year ago
The establishment of a democratic country is not necessarily based on secular regime. Democracy in its broad sense means governance of the people by the people themselves. Returning to the definition of legal rule that it is defined as a set of general abstract norms of principles…… going back to the definition of conduct norms that are customs and tradition that gained the respect of a majority of people. On this basis, the establishment of a democratic country inevitably means passing laws from its principles not from other countries’ principles, as if importing laws that were passed for societies different from our societies in terms of norm, morality and religion. Thus, I believe, unlike what came in the article, that the establishment of a democratic country occurs by passing legal rules that mesh with nature, belief and customs of the society. Islam is not against the establishment of a country in the notion of governance of people by people itself, provided that the people must not replace God and legalize what is forbidden by God, and independent judgment explained this point. As for the separation of powers, what stops us from instituting alegislative body that does not interfere with the executive, as long as judges are concerned only with judgment. In the Arab and Islamic world, problems not only lie in the independence of powers or their control by the president of the country but in the question of whether the president adheres to the laws passed by him or by a legislative body and not interfere in judgment? History has proved that dictators hold all powers, and that the president does not intervene. Hence we can say that we are before the sovereignty of State laws. But, when we establish the mixture of legislative, executive and judicial bodies and these bodies aren’t subject to the law, it is a big problem. It is a fault in which all bodies in democratic countries, from the highest position in the pyramid of power to the lowest position, don’t believe in and respect what is passed and built by them for their peoples. This because these bodies existed only to serve each other, not their people as they are imposed upon their peoples. So I conclude by saying that our peoples haven’t reached enough awareness to take over their affairs as they are still physically, intellectually and dogmatically colonized.
Report Abuse