English Abstract
Thesis Summary :
This dissertation attempts to develop a comprehensive view of the legal system to reconsider the draft laws. This right of the head of state to temporarily stop the ratification of draft laws and return them to Parliament for reconsideration, which necessarily necessitates the existence of an explicit constitutional text enshrines this right granted by most political systems.
While the constitutional silence on the organization of this right does not allow anyone to apply it to draft laws The right to absolute ratification of Law drafts, first introduced in Rome and England and after them France, considered a historical basis for the creation of the right to for reconsideration Law drafts. Since the restriction of the powers of the head of state and the corresponding development in the Terms of reference of Parliament in the legislative field, has reduced the right of absolute opposition to a less rigid right in the form of to reconsider the draft laws, where most political systems have abandoned the practice of absolute ratification of Law drafts passed by Parliament.
This absolute right is rarely applied in some constitutions.
Comparative constitutional systems differ in their position on the organization of the right of the head of state to reconsider the draft laws, where it is practiced with varying degrees of rigidity or flexibility, which
varies from one political system to another.
It also applies to all types of laws in some countries, whereas it is practiced in some laws only in other
countries, and the scope of its application varies objectively, and therefore
its effects may affect the law in whole or in part. 300
The parliament has two ways to overcome the request to reconsider the draft laws. The first is positive: it is the parliament's dissolution of its previous opinion in the draft law, and then respond to the head of state's
views in the request to reconsider the draft law and then amend it in line with those views. The second is negative: the insistence of the parliament on its previous position in the draft law without amendment, and then vote on the draft law as previously approved in accordance with the conditions and procedures stipulated by the constitutions, laws or regulations governing this matter.
The right to reconsider the draft laws affects in one way or another the process of ratification and issuance, as this exercise leads to delaying the process of ratification and issuance until the decision to be for reconsideration by Parliament. While the ratification and issuance process
may be permanently prevented, and therefore the Law drafts cannot be ratified or promulgated in any way.
Accordingly, the thesis attempts to develop a comprehensive picture of the legal system to reconsider the draft laws in accordance with comparative law, its provisions, and previous and preliminary procedures
for its implementation, and the procedures to reconsider the draft laws, and the impact of the draft laws.
