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Context Drives Constitutional Review
The article addresses the issues of imbalances faced by the Constitutional Court in the context of political and legal cases, particularly regarding the draft law on the legal profession in Morocco. The text highlights that the constitutional judge encounters political difficulty when the submitted text is linked to disputes between the government and professional bodies, emphasizing the importance of respecting formal requirements and legal procedures by the court. It confirms that raising certain procedural flaws, such as the failure to submit an original certified copy, at particular times can open the door to interpretations and analyses that go beyond the legal aspect, reflecting political and professional pressures surrounding the cases adjudicated by the constitutional judiciary. Ultimately, it stresses that the primary function of the Constitutional Court is to strictly adhere to constitutional and procedural rules, while distancing itself from political implications and conflicts surrounding constitutional texts.
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