مبدا استقلالية القضاء في الدساتير المغاربية

The principle of the independence of the judiciary is closely related to the rule of law, which in turn rests on a basic and essential pillar, which is the principle of separation of powers, this principle that ensures that no authority will infringe upon another. Maghreb constitutions enshrined the principle of the independence of the judiciary and surrounded it with a set of legal guarantees that ensure its practical embodiment. However, this remains insufficient as the concept of the independence of the judiciary has witnessed a radical development, as it has become measured by the extent of the judiciary’s ability to produce legal rules. On this basis, the request for serious and real action remains to open the way for the judicial authority to contribute to the legislative work, so that it is equal to the legislative and executive authorities without subordination to either of them.