تفوق السلطة التنفيذية في عملية المبادرة التشريعية

Abstract EN

With the emergence of organized political groups emerged the problem of the relationship between the individual and the state, and among its own citizens as a people subject to its authority and provisions.

This relationship has resulted in a legal principle aimed at protecting the rights and freedoms of individuals in the face of public authorities, and ensures that state-owned and arbitral authorities are transformed from mere physical capacities into disciplines determined and regulated by legal rules.

On this basis, the state emerged in its modern sense, which was described as a state of law and based on a set of legal principles.

The principle of separation of powers is one of the basic elements in its construction, whereby the powers of the state under modern constitutions are divided into three powers.

These powers are: the legislature, the executive branch and the judiciary.

The first authority has the function of legislation and the enactment of laws.

The second authority has the function of implementing laws, while the judiciary has the function of adjudicating disputes before it according to the laws in force.

These authorities are based on what is known as functional specialization and organic separation, which prevents the tyranny of one authority over the other and ensures the exercise of each authority to its jurisdiction, based on the argument that the power of power is stopped.

This division does not mean the ence of overlapping competencies between the authorities, but there are many areas that are the point of participation between the authorities, especially the executive branch and the legislative authority.

The legislative authority is one of the most important areas that are considered to be within the jurisdiction of parliament, but the latter proved unable to keep pace Indeed, this has resulted in the penetration of this area by the executive branch through many legal means.