Distribution of regulatory authorities in the constitution administrative regulatory authorities, agreed proceedings and faculties of the national prosecutor

Abstract

The main problem in the constitutional distribution of powers between the Executive and Legislative has been, since 1981, the border between legislation and governmental regulation (regulatory decrees). The present work claims for the analysis the need to identify another set of problems, that arise from the constitutional configuration of the regulatory powers that are outside the scope of legislation. These problems have their origins in the the legal habilitation to non presidential organs to undertake a regulation, in spite of the general and residual regulatory power of the President as granted in sec. 32 Nº 6 of the Constitution.