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Decrees

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Decrees

A decree is a rule of law usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country—the executive orders made by the President of the United States, for example, are decrees (although a decree is not exactly an order). In non-legal English usage, however, the term refers to any authoritarian decision.[dubious ]

Belgium

Main article: Decree (Belgium)

In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament.

France

See Government of France.

The word décret, literally "decree", is an old legal usage in France and is used to refer to orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Code of Law of France, and a party has the right to request an order be nullified in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders known as décret-loi, literally "decree-act" or "decree-law",[1][2] usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by the ordinances under the 1958 Constitution.

Except for the reserve powers of the President (as stated in Art. 16 of the 1958 Constitution, exercised only once so far), the executive can issue decrees in areas that the Constitution grants as the responsibility of Parliament only if a law authorizes it to do so. In other cases, orders are illegal and, should anyone sue for the order's nullification, it would be voided by the Council of State. There exists a procedure for the Prime Minister to issue ordinances in such areas, but this procedure requires Parliament's express consent (see Art 38 of the 1958 Constitution).

Orders issued by the Prime Minister take two forms:

  • Orders (décrets simples);
  • Orders-in-council (décrets en Conseil d'État), when a statute mandates the advisory consultation of the Conseil d'État.

Sometimes, people refer to décrets en Conseil d'État improperly as décrets du Conseil d'État. This would imply that it is the Conseil d'État that takes the decree, whereas the power of decreeing is restricted to the President or Prime Minister; the role of the administrative sections of the Conseil is purely advisory.

Decrees may be classified into:

Only the prime minister may issue regulatory or application decrees. Presidential decrees are generally nominations, or exceptional measures where law mandates a presidential decree, such as the dissolution of the French National Assembly and the calling of new legislative elections.

Decrees are published in the Journal Officiel de la République Française or "French Gazette".

Russia

Main article: Decree of the President of Russia

After the Russian Revolution, a government proclamation of wide meaning was called a "decree" (Russian: декрет, dekret); more specific proclamations were called ukaz. Both terms are usually translated as 'decree'.

According to the Russian Federation's 1993 constitution, an Ukase is a Presidential decree. Such ukazes have the power of laws, but may not alter the Russian constitution or the regulations of existing laws, and may be superseded by laws passed by the Federal Assembly.

The Government of Russia can also issue decrees formally called Decisions (Постановления) or Orders (Распоряжения) and may not contradict the constitution/laws or presidential decrees.

Catholic Church

The Roman Catholic Church uses decrees from the pope such as papal bull, papal brief or motu proprio as legislative acts.[3]

Other uses of the term

In some jurisdictions, certain types of court orders by judges are referred to as decrees.

See also

Notes

References

  • Executive decree authority, John M. Carey and Matthew Soberg Shugart, Eds., Cambridge University Press, 1998, ISBN 0-521-59722-6

External links

All external sites in French unless otherwise noted.

  • 1946 Constitution of the 4th Republic
  • 1958 Constitution of the 5th Republic
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