Legislative Delegation to the Executive Authority and Judicial Oversight Over It (A Comparative Analytical Study)

Abstract

At the beginning of the twentieth century, the function and activity of the state expanded, which necessitated the issuance of rapid legislation to deal with emergency situations. This development led the state to temporarily override legal principles, thereby weakening the principle of legality for a specific period Consequently, the executive branch was granted temporary legislative powers, enabling it to issue decrees with the force of law. The legislative branch, however, retained the right to oversee these decisions and determine their fate upon its session.As these exceptional circumstances occur when parliament is not in session, it becomes necessary to issue regulations by parliamentary delegation, known as "delegated regulations." This prompted most constitutions to regulate this situation by temporarily suspending some legal texts . Therefore, to guarantee human rights, the administrative judiciary worked to strike a balance between the exceptional powers of the administration and the freedoms of individuals by subjecting the decisions issued to the oversight of the administrative judiciary