ممارسة الوظيفة التشريعية من قبل السلطة التنفيذية : حالة التفويض التشريعي و لوائح الضرورة

Abstract EN

The principle of separation of powers appeared as one of the appearance of the modern State, based this principle that it is necessary, but all the power concentrated in one body, even if the representative body acting on behalf of the people, to prevent the abuse of any power and uniqueness of governance based on the argument (the power stops power).

But with the beginning of the twentieth century, and there has been a function of the state of evolution and breadth of its activities in various fields and interference in many different activities of individuals and the need to find a clear legislation and quickly appeared for treating emergencies faced by the State Facts have proved that the legislation issued by the parliaments, Pass complex and different stages to exist into to be obligatory , and this makes the executive branch, especially in times of abnormal and extraordinary, where need in these periods to develop exceptional solutions, Because the executive branch is the most capable to face these conditions and the closest to the knowledge of the real needs of the public and the corresponding measures, So, Used a lot of constitutions to give the executive branch is part of the legislative authority by granting the right or to issue decisions that have strength of law, where these decisions are similar with the legislation in terms of legal strength, but it remains the inherent right of parliaments in monitoring these decisions and decide the fate of these decisions later and Accounting whether the executive branch has exceeded the borders.

The need to grant the executive branch, including part of the legislative function in exceptional circumstances where Parliament have existed and in session, can also be that these exceptional circumstances occur while the parliament in the non-state session and is for various reasons, through the issuance of regulations, either based on the mandate from Parliament or without it, especially in the case of the absence of a parliament to face the Emergency.