THE IMPACT OF THE MECHANISM OF LEGISLATION BY ORDINANCES ON T HE EFFECTIVENESS OF PARLIAMENTARY OPPOSITION IN ALGERIAN LEGISLATION
Main Article Content
Abstract
The mechanism of legislation by ordinances is an exceptional means for exercising legislative authority, which is originally the exclusive domain of the Parliament. According to jurists, this technique presents both advantages and drawbacks, sparking considerable debate regarding the independence of the legislative and executive branches, especially within the realm of lawmaking. This study aims to explore the extent of the President of the Republic’s intervention in legislative powers under both normal and exceptional circumstances, and its impact on parliamentary performance—particularly that of the opposition. This is especially pertinent given the diversity of political factions within the Parliament and the dominance of majority-rule voting systems, which are often aligned with the ruling government. This overlap blurs the line between legislative duties and the political affiliations represented within ministerial portfolios.
Our study adopts a narrative-analytical approach and concludes with several proposals to achieve the desired balance between the legislative and executive branches, including recommendations for regulating the use of ordinance-based legislation.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Tannagho, Abdel Sayed Sameer (1999). General Theory of Law, Alexandria (Egypt), Manshat Al-Maaref, p. 97.
Ardant, D. (1994). Institutions Politiques et Droit Constitutionnel, Paris, L.G.D.J., p. 41.
Ramzi Taha Al-Shaaer (2001). Constitutional Law, Cairo, Dar Al-Risalah Al-Duwaliyya for Printing, p. 665.
Presidential Decree No. 20-442 regarding the Constitutional Amendment of the People's Democratic Republic of Algeria, enacted in 2020 following the referendum of November 1, 2020, issued on 15 Jumada al-Awwal 1442 AH (corresponding to December 30, 2020), published in the Official Gazette of the Republic of Algeria (Issue No. 82, 2020).
Bouchair, Saeed (1988). Legislation by Ordinance and its Impact on the Independence of the People's National Assembly, Algerian Journal, Issue No. 1, p. 13.
Chihoub, Massoud (1998). Judicial Protection of Fundamental Freedoms, Algerian Journal, Issue No. 1, p. 23.
Chihoub, Massoud, same source, p. 46.
Saeed Bouchair (1992). The Scope of Law in the Constitutions of Algeria, Morocco, and Tunisia, Journal of Administration, Issue No. 2, p. 31.
Ajja, Djellali (2009). Introduction to Legal Sciences, Algeria, Legal Theory Volume, Berti Edition, p. 262.
Pascal Jan (2004). “Les oppositions,” Pouvoirs, Paris, Vol. 1, No. 108, p. 38.
Montesquieu (1990). De l’esprit des lois, Algiers, ENAG, p. 12.
Pierre Ebrard. Article 38 of the 1958 Constitution of the Fifth Republic, Revue du Droit Public, 196, pp. 182–183.
Ajja, Djellali (2006). The Complete Guide to Investment Law, Algeria, Dar Al-Khaldounia for Publishing and Distribution, p. 674.
Boukhnefer, El-Aid (2018). Analysis of Public Policies in Algeria (1998–2016), Doctoral Thesis, University of Algiers 3, p. 261.
Metwally, Abdel Hamid (1948). The Problem of Reforming the Electoral System in Egypt, Cairo, Egypt, Dar Nashr Al-Thaqafa, p. 43.
Law No. 05-07 on Hydrocarbons, Official Gazette of the People's Democratic Republic of Algeria, Issue No. 72, published on February 15, 2005.
www.apn-dz.org – The official website of the Algerian Parliament. Performance Report of the People's National Assembly, legislative sessions, Parliamentary Bulletin, 2010, p. 14. Report accessed on March 3, 2025, at 19:32 local time.
Ajja, Djellali, previously cited source, p. 262.