مجلة الفكر القانوني والسياسي
Volume 8, Numéro 1, Pages 476-484
2024-05-18
The Decline Of The Authority Of The President Of The Algerian Republic In Dissolving Parliament And Legislation By Decrees
Authors : Dench Riadh .
Abstract
The idea of an exclusive balance between the executive and legislative powers has sparked controversy among jurists, researchers, and politicians, on the premise that the executive power, represented especially in the person of the President of the Republic, is in a superior position vis-à-vis the legislative power. The reason for this superiority is due to the conditions required for the establishment of one of these two institutions on the one hand, and on the other hand it is raised by the powers granted to both of them, as this superiority appears through granting the executive authority the power to legislate, which many see as one of the inherent powers of the legislative authority. In contrast, we do not find Effective and powerful tools granted by the Constitution to the legislative authority specifically against the President of the Republic. A close examination of the Algerian constitutions, particularly the two amendments passed in 1996 and 2016, reveals that the President of the Republic's authority has diminished and has been reduced to the legislative branch. This includes the authority to dissolve Parliament, the authority to enact laws by proclamation, the authority to amend the constitution, and the authority to oversee its constitutionality laws that restore the proper balance between the two branches of government and do away with the notion that the president of the republic should always be in charge of the executive branch.
Keywords
Executive power ; legislative power ; legislation by orders ; dissolution of parliament ; constitution ; limitation of power
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