دفاتر السياسة والقانون
Volume 10, Numéro 19, Pages 31-52
2018-06-01
التشريع بالأوامر والمراسيم في غياب البرلمان في ظل التعديل الدستوري لسنة 2016 الجزائري ودستور 2014 التونسي
الكاتب : حجــــاج عثمــان عثمــان . قوي بوحنية .
الملخص
The legislative function in most political systems the most important constitutional functions of the State, that it is a genuine function of Parliament, as representative of the will of the people in the promulgation of laws, but this power has diminished the role of legislative power in favor of the executive branch, since they are not in permanent session, and in application of the flexible separation between the authorities which exists in most constitutional systems in force on the basis of cooperation and balance between public authorities. , which was taken by Algeria and Tunisia, was granted the executive power to intervene and participate in the legislative work assigned to Parliament in certain cases (the case of the solution and the parliamentary holidays). To avoid the survival of the state without legislation in the absence of Parliament and fill the legislative vacuum and ensure the continuity of the state, it was recognized again in the 1996 Constitution, the validity of the law by the President's ordinances in the field of the law in accordance with the provisions of its article 124, (142) of the amendment in 2016, in case of vacancy of the Parliament, and by adding new conditions cases of urgency and take the advice of the Council of State, which is inscribed in the Tunisian Constitutional Foundation in the 2014 Constitution, giving the president the power to issue decrees in accordance with the Prime Minister in the case of the dissolution of the assembly of deputies of the people.
الكلمات المفتاحية
legislation, ordinances, decrees, the absence of the Parliament, President of the Republic, the Prime Minister, the constitutional amendment in the Constitution of Algeria 2016 of Tunisia 2014, the dissolution of the Parliament, the parliamentary holidays, the legal nature of orders and decrees.
مقالات مماثلة
طيبي عيسى
.
ص 587-600.
عبد الحليم بوقرين
.
ص 01-09.
يعيش تمام شوقي
.
ص 111-124.
