Dissertations / Theses on the topic 'Parlementary law'
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Bertrand, Marine. "Documents parlementaires et écriture de la loi." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0495/document.
Full textThe choices made by parliamentarians in the exercise of their functions are the result of an analysis of the motivations of citizens. Morality is more and more invoked within the political sphere. The vision of the world depends on the stability of a political system because a crisis of morality can upset everything. Religions are no longer the first sources of conduct, nor is morality and otherness no longer helpful. The human being is more than ever in search of an ideal. Could the reference to a higher standard be replaced by the reference to a supreme standard? It is under this term that the constitution appears whose importance goes beyond the normative impact. Constitutional law and parliamentary law are closely linked. Citizens not only need to define the place of parliament through the lens of an idealized aspiration, but also that the role of parliament must conform as much as possible to it. The difficulty is then to know if the parliamentary life must immutably agree to the constitutional rules or if conversely the evolutionary construction of the parliamentary practices must guide constitutional changes. Legislative power exercised by parliamentarians depends on the legal basis of their prerogatives but also on the elements that underpin their choices and the consequences attached to them. In other words, writing the law is a phenomenon that necessarily has antecedents. These elements can be apprehended as documents. The subject is entitled "Parliamentary documents and the writing of the law"
Pejo, Philippe. "La diplomatie parlementaire." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS532.
Full textOriginal concept related to a contemporary practice of parliamentary action, the parliamentary diplomacy strengthens skillfully classical diplomacy, the regal skill of state executive branch officials. Justifying its legal basis on public law in general and particularly on parliamentary law, parliamentary diplomacy devotes increasing internationalization of parliamentary activity and provides effective support to the democratization of the international scene
Javary, Baptiste. "La déontologie parlementaire." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100120.
Full textParliamentary ethics refers to a set of essentially formal norms of various origins that aim to regulate the personal conduct of MPs, in order that their conduct meet the standards the function requires and the legitimate expectations of citizens. Many parliaments around the world have institutionalized such rules. The study focuses more especially on ethics in different parliamentary systems. The institutionalization of ethics in Parliament shows an evolution of democratic representation that aim to foster trust between citizens and their elected representatives
Molero, Alonso Diego Julián. "Las interpelaciones parlamentarias /." Madrid : Congreso de los diputados, 2003. http://catalogue.bnf.fr/ark:/12148/cb39168479b.
Full textFourmont, Alexis. "L'opposition parlementaire en droit constitutionnel allemand et français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020031.
Full textParliamentary opposition is certainly an evidence of parliamentarism, but it is not easily defined because of its extreme institutional and behavioural variability, to such an extent that constitutional law fails to be realized. This opposition is partially unwritten as its foundation and practice have preceded its the official recognition by strict law. But, by definition, formal law cannot cover all the oppositional phenomenon’s configuration possibilities, as proven by the importance of conventions beyond written law. Despite everything, its institutionalization was finally required. The vocation of constitutional law is indeed to fix fulcrums for political game, but the question of the juridicity of such a phenomenon must be dealt with. The aim of this work consists of underlining the delicate connection between constitutional law and the parliamentary opposition in Germany and France. If law struggles (imperfectly) to capture it, then in return the opposition mobilizes the juridical instruments that are placed at its disposition. However, this relationship is ambiguous, since constitutional law does not limit itself to writing and because some determinant variables have influenced the implementation of juridical texts. Thus the “performance” of the oppositional phenomenon is not assured, even if it was recognized by the law. The examination of the legal significance of the opposing minority tends to reveal the intrinsic tensions of constitutional law and its political character. Far from being purely static, normativy seems to conceal a certain dynamic.Keywords : parliamentary opposition, system of parliamentary government, parliamentarism, constitutional law, parliamentary law, political law, constitutional order
Gelblat, Antonin. "Les doctrines du droit parlementaire à l'épreuve de la notion de constitutionnalisation." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100032.
Full textThis study examines the doctrines of parliamentary law understood as scholarly speeches relating to the rules of parliamentary assemblies. It attempts to trace the appearance and evolution of these discourses in France and distinguishes three doctrinal groups according to the conception of the relations between Law and politics on which they are based. The three parts of the thesis are respectively devoted to each of these groups: the political doctrine of "parliamentary professors", the technical doctrine of "professors-administrators" and finally the legal doctrine of "university professors". The relevance of this typology is tested with regards to the notion of constitutionalization, which appears to be particularly polysemic and whose application to contemporary parliamentary law raises conceptual difficulties. These are explained in particular by the fact that each doctrinal group tends to develop its own conception of the notion of constitutionalization, according to the theory of the political right it adopts. The political doctrine focuses on a constitutionalization of the conservation of parliamentary law, the technical doctrine promotes a constitutionalization of optimization of parliamentary law while the legal doctrine is associated with a constitutionalization of subordination of parliamentary law
Meyer, Maxime. "Gouverner les gouvernants : Eugène PIERRE (1848-1925), le droit parlementaire au service de la République." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10046.
Full textEugène Pierre (1848-1925) is famous among jurists and historians for having been the Secretary General of the Chamber of Deputies under the Third Republic and for having written the Treatise on Political, Electoral and Parliamentary Law. Eugène Pierre had not been the subject of a general study until recently even though he is a major figure in constitutional and parliamentary laws. The purpose of the present work is to highlight the influence that Eugene Pierre has had on the political institutions of the Third Republic. Based on an analysis of the author’s written work and his political and administrative environment (Opening title), the aim is to show that the work of the Secretary General is first and foremost a work of conservation of the republican institutions. Strongly convinced of the merits of the Republic and of the parliamentary government, the author tries to legitimize the institutions through the moderation of the power of the Parliament and the expression of a relatively balanced political organization. Far from appearing as a stubborn defender of the Parliament, Eugène Pierre designed a rationalized parliamentary system in order to defend the Parliament against criticism (First part). These general objectives materialize in the parliamentary law, which was then conceived by the author as a tool for limiting the powers of parliamentary assemblies (Second part)
Geynet-Dussauze, Chloë. "L'obstruction parlementaire sous la Ve république : étude de droit constitutionnel." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0199.
Full textIs constitutional law able to suppress filibustering manoeuvres as it was intended to do so by the constitutional reform of 23 July 2008? Ten years later, they are more living than ever. That is why the present study choses to look for a legal concept of parliamentary filibustering. It starts by identifying what can constitute filibustering manoeuvres in its diverse forms thanks to a prima facie definition. This identification shows they are an enduring and polymorphous phenomenon. However, once identified, the phenomenon can be legally characterised: it constitutes an abuse of constitutional rights. This characterisation then enables to look for appropriate legal frameworks for parliamentary filibustering. If many of them were created in past years, they never manage to adequately limit the use of filibustering manoeuvres by members of Parliament, as it is shown by the present study. Their shortfalls thus lead to admit the necessity of thinking anew about them by tracking down the causes of filibustering techniques. Their use seems to be conditioned by the place and functions devolved to minority members in Parliament, and more largely to Parliament itself. Two logics are thus to be combined to restrict the use of filibustering. The first is a political one considering the fusion of powers favouring the executive. It can be implemented by giving more power to opposing minorities in the Houses of Parliament as its was partially done by the constitutional reform of 2008. However, this cannot be the sole answer: an institutional logic must also be pursued in order to ensure organic balance between the different branches of governement
Blanc, Didier. "L'institution parlementaire face à la fonction législative communautaire : aspects du déficit démocratique." Paris 2, 1999. https://acces-distant.sciences-po.fr/http/www.harmatheque.com/ebook/les-parlements-europeen-et-francais-face-a-la-fonction-legislative-communautaire-aspects-du-deficit-democratique.
Full textThe denunciation of the democratic deficit is a central theme of the community construction. European parliament, often confined to a consultative role and yet in a strong position because of its legitimacy, campaigned from an early stage in favour of the resorption of democratic deficit. The demands of ep were highligted after he was elected by direct universel suffrage in 1979. Hereafter, every time treaties were revised, ep participation has increased steadily. The sea and teu enlargened the legislative duties of the ep, which reflected the institutional balance. The treaty of amsterdam follows this perspective by giving the ep the means to reach a share in a legislative function. The french parliament was slower to react but it follows the main stages in the building of ec to such an extend that its fate appears to be intertwined with that of the ep. Therefore parliamentaries delegations for the ec responsible for informing the senat an l'assemblee nationale, were set up after the 1979 elections while the reform of these delegations in 1990 is a consequence of sea. The revision of constitution of 1992, prior to the ratification of teu, allowed for a control of government's action regarding community matters through article 88-4 of the constitution. Evidently the future constitutional revision which is necessary before the ratification of the treaty of amsterdam is a guarantee for the french parliament that the question of its abilities will be reexamined. Nevertheless, the juridical instruments which the french and european parliament detain have reached a qualitative threshold which leads to believe that their future actions will be more centered on quantitative improvments of their respective powers
Kyranoudi, Dimitra. "Le gouvernement parlementaire et la fonction présidentielle en Grèce et en Irlande." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020073.
Full textThe present thesis proposes an analysis on comparative basis of the legal and political articulations that take place between the system of the responsible government and the presidential function in these two parliamentary democracies, not thoroughly studied in France. The aim of this research is a contribution to the general theory and practice of the political systems in modern Europe, stressing out aspects of an important constitutional topic for parliamentary republics which is still relatively neglected. Although the supremacy of the majoritarian government is not put into question, it can be still claimed that within the republican political systems, certain dualist implications, that remained for long inactive, tend to be reactivated again in some countries by recent events. In other words, the presidential function that seemed to be condemned to an inescapable neutralisation within the systems dominated by the political figure of the Prime minister tends to find once again a reason of being, if not governmental, at least central. Beyond their initial structural, cultural and political differences, the Greek Constitution of 1975 (revised significantly in 1986) and the Irish Constitution of 1937 offer two fruitful examples of the constitutional dynamics that could test the above-mentioned assumption
Donazar, Francis. "Les groupes parlementaires à l’Assemblée nationale sous la Vème République." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020066.
Full textParliamentary groups - which are inherent to the contemporary representative government - constitute the internal formations of parliamentary assemblies. Institutional practices have progressively put the emphasis on parliamentary groups over time and, albeit lambasted for a long time in France and in other regions, the latter have become key players in political life. From the 1789 Estates General, the French parliamentary history has revealed a natural and spontaneous propensity to form groups. Nowadays parliamentary groups are recognised institutions which are enshrined in law. First acknowledged by the July 1, 1910 resolution which modified the rules of the Chamber of Deputies, then by the short-lived Constitution of the Fourth Republic, these cogs in the machine of parliamentary life and political relations between assemblies and executive branch were formally recognised in the Constitution of the Fifth Republic on July 23, 2008. This legal anchoring has exacerbated tensions with the classic principles of representative mandates - the ban of imperative mandates in particular - and with the core nature of Parliament, i.e. being a deliberative body, which are the central tenets of parliamentary open sessions. The establishment of multiparty democracy has reinforced parliamentary groups: as the natural continuation of the electoral democracy of which they ensure consistency on the parliamentary level, both for the majority and the opposition, parliamentary groups have proved to be essential in the political chessboard, then in the institutional spectrum. Nowadays they are the cornerstone of representative democracy. The objective of this research which tackles the very heart of political life is to analyse the role assigned to them under the French positive constitutional and parliamentary law, but also to highlight the limits of the latter to this inherently political and inevitable phenomenon
Saint, Sernin Jean de. "Système majoritaire et bicamérisme sous la Vème République (depuis 1981)." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020081/document.
Full textAt the time of the Fifth Republic, the second chamber was devised by the framers of the Constitution as a predisposed support to the Government and the newly-established regime, given the uncertainty of a parliamentary majority within the National Assembly. The unexpected arrival of such a majority led to a closer organic and functional relationship between the National Assembly and the Government. The frequent lack of harmony between parliamentary majorities then put the Senate and the bicameral system in a delicate institutional position. Having become an established right of the political system, majority rule has clearly been observed since the 1981 power changeover, both inside either chamber and between them. It also affects their organisation, the way they operate and exercise their constitutional prerogatives. However, the different majority configurations show a certain specificity of the Senate from the majority rule point of view and in the actual and non-oriented exercise of its parliamentary function in relation with the other chamber, and its distancingfrom the Government reveals the well-balanced nature of the Fifth Republic's bicameralism. As that majority became institutionalised, and because of its specificities in ether chamber, constitutional law and parliamentary law were led not to exclude non-normative occurences in order to gain an understanding of the way political institutions actually work
Bonnefoy, Olivier. "Les relations entre Parlement et Conseil Constitutionnel : les incidences de la question prioritaire de constitutionnalité sur l'activité normative du Parlement." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0070/document.
Full textThe implementation of the “priority preliminary rulings on the issue of constitutionality” definitely installs the constitutional justice in the political system of the Fifth Republic. The new mechanism induces a renewal of the relationship between Parliament and the Constitutional Council. It causes an institutional imbalance inherent in the judicial function of the Council. This change reinforces the functional balance between the two institutions. The process raises questions about the place given to the judges in a democratic regime
Somali, Kossi. "Le parlement dans le nouveau constitutionnalisme en Afrique : essai d'analyse comparée à partir des exemples du Bénin, du Burkina Faso et du Togo." Phd thesis, Université du Droit et de la Santé - Lille II, 2008. http://tel.archives-ouvertes.fr/tel-00288063.
Full textChopplet, Antoine. "Adhémar Esmein et le droit constitutionnel de la liberté." Thesis, Reims, 2012. http://www.theses.fr/2012REIMD004/document.
Full textBorn on February 1st, 1848, Adhémar Esmein died on July 20th, 1913. He was recognised as one of the most important French lawyers from the ‘Belle Epoque’. Appointed by the University of Law in Paris in 1879, he taught at the most prestigious French educational institutions such as the École des Hautes Études and the École Libre des Sciences Politiques.Esmein was, above all, a Legal historian, but throughout his career, he also published numerous studies on Roman Law, Canon law and he wrote two prominent books on French legal history.During his academic career, Esmein was also regarded as one of the most important constitutional experts of his epoch. He taught Constitutional Law in Paris from as early as 1890 and was involved in constitutional science throughout his life. In 1896 he published ‘Elements de Droit Constitutionnel’ which is still considered as a fundamental text in the field of French Constitutional Law. The book was re-edited seven times until the 1920s, is generally seen as the first published work on republican constitutional law and gained its author a reputation as a tireless instigator of the Third Republic political regime.An analysis of the full body of his constitutional work leads the reader to the conclusion that it seems that Esmein’s philosophy is mainly based on the French liberal ideology which was dominant in the second half of the 19th century: it can be argued that his republicanism can be exclusively explained by his liberalism.This research project intends to study the constitutional thought of the author in terms of liberty and to show that the sole purpose of his legal theories was the protection of the freedom of the individual
Le, Verge Matthieu. "Les règlements intérieurs de la Chambre des pairs et de la Chambre des députés sous la Restauration : la souveraineté des Chambres entre 1814 et 1830." Thesis, Angers, 2018. http://www.theses.fr/2018ANGE0064.
Full textThe Constitutional Charter of 4 June 1814 results from King Louis XVIII’s free will and states in its preamble that “the entire authority [lies] in the King’s person in France” which means to expressly recognize his full sovereignty to the exclusion of any other entity. Even if restoring an absolute monarchy is out of the question – as the King accepts to limit his powers in the context of limited monarchy – these limits exist, in theory, only within confines set by the King himself. Therefore, both Houses, the House of Peers and the House of Deputies, cannot, at first sight, claim the exercise of any sovereignty in their internal legal order, considering they hold their power from the Constitutional Charter. However, as under the terms of article 15 of the Constitutional Charter, both Houses collectively exercise “legislative power” with the King, it must be recognised that they mediately hold a portion of sovereignty. For this reason, they are not constituted bodies like the others, and their deliberations are essential in accordance with their constitutionnal powers. The scop of their respective Rules of Procedure, as well as the additional practices which may result therefrom, is far from insignificant, and it would be wrong to reduce all these rules to mere internal police measures. Indeed, in practice, both Houses freely and widely interpret the texts, in particular the Constitutionnal Charter, which allow them to draw up their own parliamentary legal order with much more freedom than one might think
Jaber, Alaa Abdalhasen. "L'apport de l'expérience irakienne en matière de lutte contre le terrorisme : Étude basée sur la réalité des droits de l'homme en Irak." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0084.
Full textOn the eve of a day of ‘absolute mourning’ for the anniversary of the tragic attacks in Madrid on March 11th, 2004, in order to fight against terrorism, former UN Secretary General Kofi Annan proposed a comprehensive strategy respectful of human rights and the rule of law. However, the UN strategy seems to be addressed solely to countries in which the legal arsenal already contains a protection against human rights, as all the adopted resolutions call on states not to restrict human rights in the name of the fight against terrorism.The problem in Iraq is however much more serious. Indeed, the protection of fundamental rights in this country is still incomplete due to the genesis of a nascent democratic system, as well as to the dangerousness of the most brutal terrorism. The growing importance of the protection of human rights in this country is that the latter represents a haven of peace to calm the quarrel upon which terrorism thrives, between the different communities of this country. It is essentially a question of enabling a positive climate for a national conciliation.The fight against terrorism in Iraq cannot therefore bear fruit without a rule of law and a law which confront this phenomenon while maintaining fundamental rights. Similarly, since 2003, despite the fact that the UN and the new leaders have been striving to give a foothold to the concepts of human rights in the Iraqi society, the task still seems very difficult. Indeed, the continued failure of the international community in its various attempts to formulate a unanimous definition of terrorism was reflected negatively on Iraq. The lack of a legal definition allowed some world powers to establish a political definition in order to serve their own interests in the Iraqi case, which has caused violations of human rights in the name of the fight against terrorism in Iraq, by impeding the steps towards effective respect for fundamental rights
Combrade, Bertrand-Léo. "L'obligation d'étude d'impact des projets de loi." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010259.
Full textThe draft bill's impact assessment requirement, enshrined in article 39 third subparagraph of the Constitution by reference to an organic law enacted on April the 15th 2009, establishes a rationalization tool of law making. This rationalization displays two sides. In terms of legislative procedure, the impact assessment requirement is a tool of rationalized parliamentarism which shows evidence of the surfacing of an authentic Governmental Law. The tool's misreading can lead to a sanction imposed by the Council of State, the Constitutional Council and the Conference of Presidents of the first House to which the bill has been referred. In terms of law drafting, the impact assessment requirement forms a substantial rationalization mechanism which sets the method rules framing the draft bill's righting. The analysis of six years of practice shows a phenomenon of progressive appropriation of the impact assessment requirement as part of law drafting. This appropriation contributes to the readjustment of the relations between Government and Parliament and enables to apply a positive pressure in favour of the law quality enhancement. However, the breadth of those changes should not be overestimated and the mechanism still has a lot of room for improvement
Saunier, Claire. "La doctrine des « questions politiques ». Étude comparée : Angleterre, France, États-Unis." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020034.
Full textAs guardians of the respect of the laws and the constitution, judges often have to face cases that question the legality of decisions from the highest executive authorities or from the legislator. Some of those issues are highly politically sensitive because they reflect discretionary choices made by those political authorities. In such delicate cases, judges have to reconcile two imperatives. On the one hand they have to provide a remedy to the claimants, in order to achieve the rule of law (or, the État de droit) and decide the case and, on the other hand, they have to respect the fundamental principle of the separation of powers which requires that they do not exceed their powers. Those two imperatives are central in western democracies, therefore this problem appears in various legal systems. A similar device has been elaborated in those different systems. French, American and English judges have indeed decided to isolate certain issues, which seemed to make them improper for judicial resolution. This judicial category can be designated by the term “political questions,” which is used in the American case law. This term also suits other categories found in the French case law, such as the “actes de gouvernement” and “actes parlementaires”, but also in the English case law, where judges refused to decide what they call “Acts of State” or some decisions based on the Royal Prerogative. In spite of the important cultural differences between those systems, it is interesting to see that those categories gather similar decisions. In other words, these “political questions” doctrine reflect the idea that political matters could be distinguished from legal matters. The whole point of this research will be to examine the significance of the dichotomy between law and politics, through the analysis of case law related to the “political questions” doctrine and the doctrinal approaches of this category
Hachemi, Anissa. "Le juge administratif et la loi (1789-1889)." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020053.
Full textIt may seem odd to study the administrative law judge in the 19th century, as it doesn’t exist properly. Indeed, even if it doesn't fit with the modern standard of jurisdiction, it should be identified as a judge as it is the one settling a litigation.Through its history, we can explore the establishment of centralization and parliamentary system in the 19th century France. It also shows us how codification of the administrative law has been firmly declined. It isn’t the slightest surprise offered by the « Code civil » country
Pasquiet-Briand, Tanguy. "La réception de la Constitution anglaise en France au XIXème siècle. Une étude du droit politique français." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020028.
Full textThe reformist model of the English Constitution was intellectually predominant in nineteenth century France. As a synthesis of French yearnings for political stability, this representation historicises the liberal achievement of representative government and endorses the legitimacy of innovation through custom. It results from contradictory visualisations of the English Constitution. On the one hand, romantic liberals identify in its institutions the necessary elements to protect individuals from abuses of power and to allow the development of democracy. On the other hand, traditionalists perceive in England’s historical continuity the structuring benefits of social hierarchy and aristocratic freedom. More particularly, French Doctrinaires see through the morphology of the English civilization a society that secures freedom within order. French thinkers recognise in parliamentarism, as a product of England’s institutional evolution, the political regime capable of putting an end to French revolutionary tensions. As a mould that both liberates the energies of individuals and protects the political and social order, it renders the Head of State irresponsible and thus strips him of personal powers. Furthermore, it establishes the reign of public opinion through the superiority of the elected chamber and the recognition of government responsibility. Finally, it disciplines political action through the historical practices inherited from representative monarchy. Based on a political project, parliamentary government in France gives substance to a prudential philosophy of constitutional law. This philosophy views the constitution as an institutional framework within which political action must be able to adapt society to its historical phase of development. The laconism of the constitutional laws of the Third Republic reflects this constitutional reformism. Rather than a circumstantial political compromise, it crystallizes a liberal and conservative constitutional policy. The present study aims to show that it is the result of how the English Constitution has been modeled in France during the nineteenth century
Chhiv, Yiseang. "Le travail gouvernemental au Cambodge de 1993 à 2015." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED001/document.
Full textThrough the analysis of governmental work from 1993 to 2015 within the perspective of the constitutional and political stability, it is obvious clear that the implementation in Cambodia of the main principles of the Western model of the rule of law, liberal and pluralistic democracy, with the implementation of the 1991 Paris Agreements did not take place satisfactorily. The goal to make the Cambodian society, a democratic one where everyone obeys to the law, where justice is independent from the Executive where the armed forces as economic forces are subject to the public authority which is of the guardian general interest, where every power can be balanced by a counter-power, has not been reached. The obstacles to this actual transposition reside in the gap between the principles of an imported or imposed model and the burdens of the tragic history that Cambodians have lived between the years 1970 and 1980, on the one hand and the traditional foundations of Cambodian society still very present to nowadays on the other hand
Labuschagne, P. (Pieter). "'n Funksionele en strukturele ontleding van die 1993- en 1996-grondwet met spesiale verwysing na die trias politica-leerstuk." Thesis, 2007. http://hdl.handle.net/10500/639.
Full textThe broad focus of the thesis is an analysis of the meaning and the modern development of the doctrine of the separation of power (trias politica) and the application thereof in the constitutional development in South Africa. The first chapter outlines the historical restrictions that were placed on governmental authority by the trias politica doctrine. In the following chapter the application of the trias politica doctrine in different governmental systems (parliamentary, presidential and semipresidential) are analysed. In the third chapter an analysis is made of the constitutions of the former Boer republics, chronologically followed by an analysis of the 1909, 1961 and 1983 Constitutions, to establish to which extent the trias politica doctrine was incorporated in the respective constitutions. In the subsequent chapters, the focus shifts to the constitutions in the post democratic era, namely the 1993 interim Constitution and the 1996 (final) Constitution. It is evident that the new supreme Constitution and an independent judiciary yielded to a stronger adherence to the separation of power principle. It is also evident that the retainment of the parliamentary system, with a fused legislature and executive authority, inhibited a stronger separation of power. The inclusion of sosioeconomic rights in the Constitution resulted in a more direct involvement in governmental policy. However, the Constitutional Court managed to maintain a fine balance between reviewing policy and the formulation of policy. In the closing chapter a short summary is provided, followed by comments on possible alternatives to the existing system to ensure a stronger separation of powers.
Public, Constitutional and International Law
LL. D. (Constitutional, International and Indigenous Law)