The Division of Lawmaking Powers: The Revolution that Never Happened

John Bell

in French Constitutional Law

Published in print January 1995 | ISBN: 9780198259480
Published online March 2012 | e-ISBN: 9780191681967 | DOI:
The Division of Lawmaking Powers: The Revolution that Never Happened

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This chapter explores the division of lawmaking powers between Parliament and Government, one of the major changes introduced in 1958. In studying the allocation of legislative power within the 1958 Constitution, it is possible to see how far the French republican constitutional tradition provides the real point of reference for that document's interpretation. This chapter begins by exploring the constitutional tradition before 1958. The picture that emerges from analysis of the actual functioning of the Constitution and from the way in which it has been interpreted belies the suggestion that the division of power between loi and règlement has been a radical revolution in the operation of French government. Parliament, far from being marginalized, has remained a central lawmaking body. Moreover, the recognition that Parliament cannot control all the rule-making that the 1958 Constitution enshrines is being taken further than the provisions of articles 34 and 37 envisaged.

Keywords: lawmaking powers; Parliament; French government; French constitution; revolution

Chapter.  16056 words. 

Subjects: Constitutional and Administrative Law

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