The preamble of dahir N° 1-01-298 of December 9,2001, creating the institution of Diwan Al Madhalim highlights the keen will of His Majesty to set up an institution having competence to search the means to correct the injustices, caused by situations that are incompatible with the requirements of equity and that will complement the role played by the human rights advisory council (CCDH)

The prerogatives of Diwan Al Madhalim seek to combine between the mission of redressing iniquities, through making proposals and recommendations likely to uphold rights the wrongs to the concerned administrations, and contributing in the improvement of the administration performance in the service of the citizen and in conformity with the rule of law and equity principles.

Article 10 mandated the Wali to undertake all mediation efforts, particularly conciliatory ones, that he judges conducive to putting an end to a proven injustice, in accordance with the rule of law and equity.

In this context, a distinction should be made between law and equity and define the notion of the "rule of law".

The aim of law is to guarantee equitable bonds between people, based on the fact that justice is the spirit and core of law. In this perspective, law means equity by guaranteeing rights to their beneficiaries. But, when it steps aside from justice (equity), it loses substance. Real justice is the justice that allows the prevalence of rights through law and not the loss of rights in the name of law.

In this regard, Wali Al Madhalim will have to repair injustice while undertaking his conciliatory endeavors, by a just interpretation of law, taking into account the wisdom underlying the legal text.

Hence, it becomes necessary to operationalize the role of the institution of Diwan Al Madhalim, by consecrating the rule of law through endeavoring to achieve the principle of equity.

However, the strict enforcement of law can sometimes go against the principle of equity. Thus, the intervention of the institution will have to be directed towards preventing any inequitable administrative action or measure taken against the citizen, in spite of the controversy provoked by the violation of the principle of legitimacy.

As the principle of equity finds its source in the rule of law, equity should be the outcome of the investigation of the complaints and grievances.