الدور التشريعي للسلطة التنفيذية في الدستورين الجزائري و الفرنسي

الملخص EN

This article aims to highlight the legislative role of the executive branch in Algeria and France, and to show the extent to which it affects the legislative performance of the Algerian and French parliaments, as the constitution of the two countries has given the executive the right to interfere in the functioning of parliament by participating in the preparation of the parliamentary agenda, as well as contributing to the matters of legislation, by giving members of the government the possibility of attending the work of standing committees charged with studying drafts and proposals of laws, In addition to passing laws, the head of the executive branch requested a second reading in a text voted by parliament, and even the constitution in both countries authorized them to legislate under orders, in addition to the right to resort to a referendum.

However, algeria's constitutional texts and practical practices not only enabled the executive to participate in parliament's legislative function, but also gave it the power to legislate in the area allocated to parliament without any serious restrictions, leading us to say that there is a dominance of the executive over the legislature with regard to legislative competence, which is an inherent competence of parliament, On the contrary, although the executive branch of France participates in parliament at various stages of the legislative process, this is done within the framework of cooperation between the legislative and executive branches, as well as the fact that legislation by the executive in the area allocated to the French Parliament is carried out in accordance with serious constitutionally defined controls.