The limits of the administration’s commitment not to amend laws with its executive regulations

Abstract

First - The subject of the research: The principle of separation of powers requires that the functions of the state be constitutionally distributed among its constituent bodies. Parliament, the original member, is entrusted with the task of legislation as a representative of the general will that issues laws expressing it. If this is what legal logic requires, the latter is not able to do it alone, so it needs an authority to support it, not only to ensure the implementation of what it codifies, but also to detail what it summarizes. Therefore, constitutions, even customary ones, have repeatedly made an executive authority alongside the legislative authority. While the task of legislation is entrusted to Parliament as an original task, this task is assigned to the administration as an exception in its capacity as the executive authority. Implementation, according to constitutional principles, has a double meaning: the first concept stops at the ability to compel those addressed by the law to comply with its provisions, willingly or unwillingly. This is what sound reason and sound logic require for the meaning of implementation, and it has what justifies it on the grounds that the law without inevitable force is the rule of chaos.