التفويض التشريعي

Abstract

The constitution grants every authority a certain function
which is independent from the other authority. So, no authority
should authorize its specialities any other one. But, the breadth and
branching of the state functions in the current time and the need to
deal with the economic, social and political crises that
overwhelmed several states has made a pressing need for
authorizing the executive authority to practice legislative tasks by
an empowerment from the constitutional legislator in order to put
an end to those crises on condition that this empowerment
shouldn’t be a justification for the executive authority to transgress
the functions of other authorities in the state, because the legislative
authorization is considered an exception that cannot be expanded or
granted unless there are unusual circumstances and within limited
terms that have been stipulated in the constitution.
In fact, the legislative authorization is regarded as a serious
weapon in the hand of the legislative authority that is granted to the
executive authority in accordance with constitution rules, because
those legislations are characterized by the power of law if they are
ratified by the parliament and that can expose the basic rights and
freedoms to a great danger, and that necessitates the availability of
sufficient guarantees when resorting to authorization. The judicial
control is considered the most effective guarantee.