PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
May 20, 2026Necmettin Erbakan Universitesi Hukuk Fakultesi Dergisi Necmettin Erbakan University0 citationsOpen Access

Constitutional Control of Foreign Affairs and Strategic Risk: Morocco and Germany in Comparative Perspective

View Full Paper
HMHanen Medromi

Key Points

  • This article aims to explore how constitutional law influences foreign affairs decision-making amid strategic risks in Morocco and Germany.
  • Conducted a comparative analysis of Morocco and Germany's constitutional frameworks regarding foreign affairs.
  • Examined the allocation of foreign-affairs powers and the legal frameworks guiding executive decisions.
  • Analyzed parliamentary participation and judicial review mechanisms in both countries.
  • Identified a significant divergence in legal constraints: Germany has dense ex ante legality, while Morocco has centralized executive predominance.
  • Demonstrated that Morocco employs treaty-based controls and constitutional reviews, contrasting with Germany's procedural discipline and EU law integration.
  • Proposed a comparative framework to evaluate legality in foreign affairs, especially under strategic pressure.

Abstract

This article examines how constitutional law structures foreign-affairs decision-making under conditions of strategic risk through a comparative analysis of Morocco and Germany. It argues that foreign affairs should not be conceived as a sphere lying beyond law merely because they are shaped by urgency, uncertainty, and geopolitical pressure. On the contrary, they constitute a particularly revealing site of constitutional ordering, since they expose how legal systems organize the exercise of external power when the need for effective action is at its highest. Adopting a doctrinal and comparative public-law approach, the article analyses the allocation of foreign-affairs powers, the legal filters governing executive action, and the forms of parliamentary participation and judicial review that frame accountability in each system, with particular attention to military deployments, sanctions and embargoes, energy-security arrangements, and migration instruments. The article shows that the central divergence between Morocco and Germany lies not in the existence of legal constraint, but in its structure, timing, and institutional location. Germany reflects a model of dense ex ante legality, characterized by prior authorization, procedural discipline, review mechanisms, and, where relevant, the normative force of European Union law. Morocco operates within a more centralized constitutional architecture in which executive predominance is combined with treaty-based controls, constitutionally defined forms of parliamentary assent, and the possibility of prior constitutional review. The article ultimately proposes a comparative framework for assessing legality in foreign affairs under strategic pressure.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Hanen Medromi (2026) studied this question.

synapsesocial.com/papers/6a0d4f7bf03e14405aa9ad66https://doi.org/10.51120/neuhfd.2026.200
Ask AI
Helpful
Bookmark
Share
View Full Paper

Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Challenges of the Supreme Court's Review of the Application and Interpretation of Foreign Law1988
  2. 2Treaty Hierarchy and Legal Pluralism in Cross-Border Governance: Comparative Study of Jordan and France2026
  3. 3The Moroccan Experience in Constitutional Review of Laws2026
  4. 4Article 31 of the 1972 Constitution and Treaty Law2026
  5. 5Historical Foundations of Contemporary African Governance Challenges in Morocco: A Comparative Perspective2000