تدخل الحكومة في مجال القانون بين التأطير الدستوري و الممارسة البرلمانية

Abstract EN

Constitutions have sought the balance required to enable parliament to have exclusive power to legislate and to allow the government to intervene in the field of law, in addition to the regulatory power guaranteed to it by the Constitution.

Following the debate on the exercise of the parliament's legislative function, we find the extent to which the Moroccan constitutional legislator is keen to give the parliament the competence to legislate in the field of law, which the 2011 constitution expanded its borders, but the parliamentary speech having a political nature continued to criticize the interference of governments in the field of legislation, considering it as domination over parliament and as an infringement of its basic function, which according to this perspective is considered a violation of the rules of democracy based on the separation of powers.

However, the reality of parliamentary practice proves not only that Parliament approves government legislative suggestions without substantial amendments in most cases, but also proves the Government's authorization to legislate with regulatory texts in what may be considered a field of law, in the body of legal texts.

In the same context, it is necessary to identify the exceptional constitutional mechanisms granted by the Constitution to the government to intervene in the field of law when the necessity arises, whether through authorization laws, decree laws, or the technique of legislative abstraction.

Thus, the Government's legislative initiative in the field of law can be considered a normal and acceptable practice in democratic systems when it adheres to constitutional limits within the framework of rationalizing parliamentary work to facilitate the implementation of development programs.