Economic Authorization Case [On the Law Authorizing the Government to Take Diverse Measures Concerning the Economic and Social Order]
France Constitutional Council
86-207 DC of 25 (1986)
- Written by Kelly Simon, JD
Facts
Pursuant to the French constitution, the French parliament exclusively possessed the authority to pass legislation, or “loi” (law). The parliament delegated, to a limited degree, the authority to pass laws to the executive branch for a finite period and in specific circumstances involving the issuance of “ordonnances” (ordinances). Intended to facilitate the operation of government, the executive branch issued an ordinance after completing a specific referral process with the parliament. The executive branch presented an enabling bill, which described the purpose of the ordinance, to the parliament. Parliament would then approve the bill suggested by the executive branch, authorizing the executive to issue ordinances for a specific period. In 1968, the executive branch introduced a law seeking authorization to pass an ordinance related to economic and social measures. Article 1 of the act authorized the executive branch to issue ordinances related to economic and social matters such as prices and competition. The government intended to improve financial and business conditions. Members (plaintiffs) of the French parliament referred the law authorizing the ordinance for social and economic matters to the France Constitutional Council for constitutional review.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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