التشريع بأوامر بين ضمان الاستمرارية و هيمنة رئيس الجمهورية

Abstract EN

Legislation by ordinances is considered to be the competence of the president of the republic, but it is defined with conditions and cases to ensure that the president does not dominate and does not enshrine the principle of the separation of powers, and perhaps that the rationale for dedicating this mechanism is to ensure the continuity of state and legislation in emergencies and necessity in the ence of parliament, but the number and nature of areas that Today it is became an organization by orders which led us to choose this subject, trying to solve the problem of the balance of organizational orders between the need for continuity and ensuring the proper functioning of the State as a whole and between consider this mechanism as a simple means of pressure and hegemony of the executive power against the legislative power, we will therefore succeed in the end despite the briefing of the founder.

This constitutional mechanism is subject to specific conditions and cases in order to maintain a balance between powers.

However, the reality and the weakness of the legislative power left the possibility for the President of the Republic to become the current legislator in sensitive and important fields, which enshrined the orders in Algeria as a constitutional means of dominating the executive power