التفويض التشريعي بين القرار الإداري وقوة القانون: دراسة مقارنة

Abstract EN

Legislature is the authority which has the original jurisdiction to practice legislation, however this power might be conferred on the executive authority by legislature whether in normal or exceptional circumstances, and whether the parliament sessions are held or not for whatsoever reason.

Moreover, this is deemed a type of relinquishment conferred on the executive authority by legislature, a matter that leads to the fact that the executive authority is granted a power of legislating and enacting laws.

This shall be contingent on being constrained by the subjects previously set by legislature and the period exclusively set in the Authorization Law.

The actual need for granting the executive authority such power is emerged in the circumstances and crises that might be endured by the state.

This shall be relied on the state's constitution that allows authorization or on the basis of a special law that organizes such authorization.

The authorization is unquestionably a threatening international phenomenon because the legislature would relinquish a part of their original power and have it assigned to the executive authority.

Furthermore, given the fact that the authorization has a force of law, so it can amend or revoke the valid legal laws; hence this shall have an impact on both the legislative and controlling powers of the parliament.

Therefore, constitution has previously set the terms and conditions that both the legislature and executive authority must comply with so as to identify the extent of this authorization, and consequently use it in line with the state's common interest.