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JAMES E. HERGER, AN INTRODUCTION TO THE MEXICAN LEGAL SYSTEM (W.S. Hein 1978). GUILLERMO FLORES MARGADANT S., AN INTRODUCTION TO THE HISTORY OF MEXICAN LAW (Oceana Publications 1981). ALBERTO MAYAGOITIA G., GUIDE TO MEXICAN LAW (Univ. of New Mexico Press 1977). MEXICAN LAW: A TREATISE FOR LEGAL PRACTITIONERS AND INTERNATIONAL INVESTORS (West Group 1998). EARL WEISBAUM, MEXICO: A LEGAL AND BIBLIOGRAPHIC GUIDE (Law Library Univ. of Houston ed., 1990). 116
MOROCCO Al-Mamlakah al Maghribiyah (Kingdom of Morocco) I. COUNTRY PROFILE (Civil Law) Morocco is a constitutional monarchy with an elected bicameral Parliament. Morocco’s official language is Arabic. The country is divided into sixteen regions, which are further divided into sixty-five provinces and prefectures. The provinces and prefectures are in turn subdivided into 1,544 urban and rural communes. Morocco’s legal system is a mixture of the Islamic and civil law traditions. The Constitution, adopted by referendum on September 13, 1996, guarantees certain basic freedoms, procedural rights, and property rights. It also provides for the system of governance. The King, or “Commander of the Faithful” (Amil Al-Muminin), is the head of state, the supreme Muslim religious authority in the country, and commander in chief of the armed forces. The King appoints the Prime Minister and, based on the Prime Minister’s recommendations, appoints and dismisses Cabinet Ministers. The King presides over Cabinet meetings and may dismiss the Government. In times of crisis, the King may declare a state of emergency and take all necessary measures to defend the country and to restore the normal functioning of constitutional institutions, except that he cannot dissolve the Parliament without first consulting the presidents of the Houses of Parliament. Executive and administrative power is vested in the Government, which is composed of the Prime Minister and Cabinet Ministers. It is accountable to both the King and Parliament. The government ensures that the laws are executed and oversees the activities of the ministries and other administrative bodies. In addition, the Prime Minister may introduce bills in Parliament. Legislative power is vested in Parliament, which consists of the House of Representatives and the House of Counselors. The 325 members of the House of Representatives are directly elected by the people to five-year terms. The 270 members of the House of Counselors serve nine-year terms; one-third of the members are elected every three years. 162 members are elected by the local councils, and the remaining 108 members are selected by representatives of business associations and trade unions. All legislation is enacted by Parliament. Members of both Houses may initiate legislation. Parliament may also vote to censure the Government, which forces its resignation. Judicial power is vested in the courts. The Constitutional Council is composed of twelve members who serve a single nine-year term. Six members are appointed by the King, three by the President of the House of Representatives, and three by the President of the House of Counselors. The Council determines the fairness of elections of Members of Parliament and referenda. It also reviews the constitutionality of organic laws (laws pertaining to fundamental laws of governance) and of the rules of procedure of the two Houses of Parliament, both of which are subject to mandatory review before they are promulgated. The Council also rules on the constitutionality of laws prior to promulgation. Only the King, the Prime Minister, the President of the House of Representatives, the President of the House of Counselors, or one-third of the Members of Parliament may request such review. Decisions of the council are final, and laws cannot be reviewed after they are promulgated. 117
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NEW YORK UNIVERSITY SCHOOL OF LAW J
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Contents FORWARD AND GENERAL INSTRU
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6.0 NEWSPAPERS AND WEEKLY JOURNALS
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JAPAN..............................
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9.0 CITATION OF ELECTRONIC MATERIAL
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II. CITATION GUIDE.................
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2.0 INTERNATIONAL CRIMINAL TRIBUNAL
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Forward and General Instructions Pu
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Acknowledgements Publication of the
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2 http://www.jus.gov.ar/ II. CITATI
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Courts of Ordinary Jurisdiction for
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III. SELECTED REFERENCES ENRIQUE R.
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The Federal Court of Australia was
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Generally, court names are not incl
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journal title (italicized), article
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authority to test the constitutiona
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16 Trial Court for cartels: Kartell
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There are two guides available for
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7.0 Official Publications Cite offi
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Internet Resources: 22 Federal Sena
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3.0 Jurisprudence Cite cases by typ
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26 CANADA I. COUNTRY PROFILE (Commo
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Cite laws by title (italicized), vo
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7.0 Official Publications Cite offi
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mainland China in 1997, but which k
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There is no comprehensive system of
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III. SELECTED REFERENCES WANG CHENG
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Administrative Court. Supreme Court
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Widely used monograph publications
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the other hand, do not bind Danish
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Regulations issued under the author
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46 Poul Nyrup, Europas Fremtid, tal
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handles cases involving the state.
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50 The official gazette of Egypt (a
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Internet Resource: 52 Parliament: h
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I. COUNTRY PROFILE (Civil Law) 54 F
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in the Statute Book, decisions of t
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I. COUNTRY PROFILE (Civil Law) 58 F
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2.1.1 Official Gazette Laws and dec
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62 Gazette du Palais (Gaz. Pal. or
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FRANÇOISE DREYFUS & FRANÇOIS D’
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Page 86 and 87: Many Federal Statutes can be found
Page 88 and 89: 4.0 Books Cite books by name of the
Page 90 and 91: I. COUNTRY PROFILE (Civil Law) 72 G
Page 92 and 93: 74 Ministerial Decision: Ypourgiki
Page 94 and 95: Cite articles in newspapers and wee
Page 96 and 97: 78 Archive of Consultation (Green)
Page 98 and 99: 80 Bendtzen, “The Double Marginal
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Page 104 and 105: Cite articles in journals by name o
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Page 110 and 111: 92 ISRAEL Medinat Israel (State of
Page 112 and 113: More formal citations, which includ
Page 114 and 115: Cite unpublished cases as if citing
Page 116 and 117: hears appeals from the Justice of t
Page 118 and 119: 3.0 Jurisprudence Cite cases by cou
Page 120 and 121: I. COUNTRY PROFILE (Civil Law) 102
Page 122 and 123: exceptions, the Japanese government
Page 124 and 125: 6.0 Newspapers and Weekly Journals
Page 126 and 127: 2.0 Legislation Cite legislation by
Page 128 and 129: 110 MEXICO Estados Unidos Mexicanos
Page 130 and 131: 112 phraseology is allowed when the
Page 132 and 133: Cite only official reporters, the n
Page 136 and 137: The Supreme Court is the highest co
Page 138 and 139: III. SELECTED REFERENCES DRISS BASR
Page 140 and 141: The highest court is the Supreme Co
Page 142 and 143: 3.1 Courts Ordinary Jurisdiction Co
Page 144 and 145: 126 NEW ZEALAND I. COUNTRY PROFILE
Page 146 and 147: Cite bills in the same way as acts
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Page 150 and 151: 132 NIGERIA Federal Republic of Nig
Page 152 and 153: 2.4 Edicts 134 Decree No.28 of 1970
Page 156 and 157: 3.1 Reporters The most common repor
Page 158 and 159: II. CITATION GUIDE There is no unif
Page 160 and 161: 4.0 Books 142 Khawaja Textile Mills
Page 162 and 163: 144 THE PHILIPPINES Republika ng Pi
Page 164 and 165: 2.3 Codes Cite codes by common titl
Page 166 and 167: 4.0 Books Cite books by volume (if
Page 170 and 171: 152 Art. 200 k.k. Alternatively, in
Page 172 and 173: 1.0 Constitution Cite the Constitut
Page 174 and 175: 8.0 Unpublished Materials Cite thes
Page 176 and 177: Rossiiskoi Federatsii). Ten Federal
Page 178 and 179: There are two main types of preside
Page 180 and 181: 6.0 Newspapers and Weekly Journals
Page 182 and 183: II. CITATION GUIDE There is no unif
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166 SOUTH AFRICA Republic of South
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3.0 Jurisprudence Cite cases by nam
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170 SOUTH KOREA Taehan-min'guk (Rep
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172 Code of Criminal Procedure (Hyo
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III. SELECTED REFERENCES SUPREME CO
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The autonomous communities operate
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3.2 Reports When possible, cite to
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180 Constitution Act: Regeringsform
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182 SWITZERLAND Confédération Sui
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2.2 Codes Cite codes by article and
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Tribunaux (JdT), La Semaine Judicia
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I. COUNTRY PROFILE (Civil Law) 188
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II. CITATION GUIDE There is no unif
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calendar, see Section 0.2 above), e
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194 TANZANIA Jamhuri ya Muungano wa
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3.2 Unreported Cases Cite unreporte
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198 Parliament http://www.parliamen
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I. COUNTRY PROFILE (Civil Law) 200
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Other legislative sources of law us
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204 Lutfi Duran, “Anayasa Mahkeme
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206 UNITED KINGDOM I. COUNTRY PROFI
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2.0 Legislation Cite a statute by s
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(BCLC)). In such circumstances, it
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212 UNITED STATES OF AMERICA I. COU
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2.1 State and Territory Abbreviatio
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4.0 Books Cite books by name of the
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218 UNITED NATIONS & INTERNATIONAL
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They have wide-ranging internationa
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Alternatively, cite U.N. SCOR by vo
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2.3.1 Parent Organs The major paren
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2.3.6 Various Examples 226 A/52/4 [
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3.0 International Court of Justice
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Maritime Delimitation Between Guine
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III. SELECTED REFERENCES ROGER A. C
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European Coal and Steel Community (
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1.0 Basic Treaties Since most of th
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Beyond these more formal rules, aut
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Case 26/76 Metro SB-Grossmärkte Gm
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Case 168/78 Commission v France (Al
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Cases 48, 49, 51-57/69 Imperial Che
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I. ORGANIZATION PROFILE 246 WORLD T
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Final Act Embodying Uruguay Round:
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1.2 Subsequent or Informal Citation
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of GATT/WTO schedules into the Harm
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254 Treatment by Germany of Imports
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III. SELECTED REFERENCES JEANNE REH
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4.2 General Comments Cite general c
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260 III. HYBRID COURTS (Internation
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2.1.1 Unreported Decisions before N
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1.3 Separate Opinions Cite separate
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266 Significant Multilateral Treati
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3.0 Human Rights Convention on the
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11.2 Road Traffic Convention on Roa
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23.0 Antarctica Antarctic Treaty (W
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4.0 Relationship of International a
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12.0 State Responsibility Salem Cas
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21.0 International Trade Law [See t
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