الضوابط الدستورية لسلطة رئيس الجمهورية في التشريع بأوامر في الحالات العادية وفق التعديل الدستوري الجزائري لسنة 2020 و المصري لسنة 2019 : دراسة مقارنة

Abstract EN

Some political systems have recognized the authority of the president of the republic to assume the legislative function entrusted to parliament, with the aim of confronting cases of necessity that require the issuance of some laws to confront them in the absence or non-convening of parliament ; on top of these systems are the Algerian systems according to the constitutional amendment of 2020 and the Egyptian according to the constitutional amendment of 2019, however, these last two did not make the president of the republic an original legislative authority, but rather restricted this legislative authority with a set of constitutional restrictions for its exercise, and identified cases that cannot be bypassed and above all, he subjected it to the oversight of parliament regarding its approval or rejection, as well as the oversight of the constitutional and administrative judiciary in order to achieve a balance between maintaining the survival and stability of the state in the face of what threatens it on the one hand, and protecting rights and freedoms against the abuse of public authorities on the other hand.