Decree

Information about Decree

A decree is an order made by a head of state or government and having 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. In non-legal English usage, however, the term rule by decree refers to any authoritarian decision and in this sense is often derogatory.

Imperial Decree

An imperial decree is a decree issued by a sovereign ruler, such as an emperor, king, or similarly styled person. Imperial decrees from monarchial times differ from decrees issued by heads of state in modern democracies in that they embodied a force of law that was subject to no limitations either by other branches of government, or through the democratic process.

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 ukaz 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have the power of laws, but may not alter the Russian constitution or the regulations of existing laws, and may be superseded by laws passed by the Federal Assembly.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 which will not contradict the constitution/laws or presidential decrees.

France

See Politics of France.

The word decree (décret) is used as a legal term to describe the most important executive decisions from the President or Prime Minister of France. Those decisions must conform to the Constitution and statutes of France, and it is possible to sue for their cancellation in the Conseil d'État. They require ratification by the Parliament to be changed into laws. Decree-laws, usually considered an illegal practice under the 3rd and 4th Republic, were finally replaced by the ordinance procedure since the 1958 constitution.

Outside of the exceptional 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 to the responsibility of Parliament only if the a law authorizes it to do so. In other cases, the decrees are illegal and will be cancelled by the Conseil d'État, should somebody sue. There exists a procedure for the Prime Minister to issue ordinances in such areas, but this procedure requires the expressed consent of Parliament (see Art 38 of the 1958 constitution).

Decrees of the Prime Minister are of the two following kinds:

simple decrees (décrets simples);
decrees in the Council of State (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:

regulations, which may be:
application decrees (décrets d'application), each of which must be specifically authorized by one or more statutes to determine some implementation conditions of this or these statutes; these constitute secondary legislation and are roughly equivalent to British statutory instruments;
autonomous regulations (règlement autonomes), which may be taken only in areas where the Constitution of France does not impose statute law (passed by the legislative branch); these constitute primary legislation;
particular measures, such as the nomination of high-level civil servants.

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.

Catholic Church

The Roman Catholic Church uses decrees from the Pope such as a papal Bull, Papal Brief or Motu Proprio as legislative acts.^[1]

Other uses of the term

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

External links

All external sites in French unless otherwise noted.

References

1. ^ Decree. Catholic Encyclopedia. Retrieved on 2007-02-17.

Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have pointed out how it has been generalized since World War I
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Authoritarianism describes a form of social control characterized by strict obedience to the authority of a state or organization, often maintaining and enforcing control through the use of oppressive measures. Authoritarian regimes are strongly hierarchical.
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emperor is a (male) monarch, usually the sovereign ruler of an empire or another type of imperial realm. Empress is the feminine form. As a title, "empress" may indicate the wife of an emperor (empress consort) or a woman who is a ruling monarch (
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monarch (see sovereignty) is a type of ruler or head of state. Monarchs almost always inherit their titles and are rulers for life; that is, they have no term limit. Historically monarchs have been more or less absolute rulers.
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The Russian Revolution (1917) was a series of economic and social upheavals in Russia, involving first the overthrow of the tsarist autocracy, and then the overthrow of the liberal and moderate-socialist Provisional Government, resulting in the establishment of Soviet power under
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Russia

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Russia

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Russia

This article is part of the series:
Politics of Russia

Constitution
President: Vladimir Putin
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Politics of France take place in a framework of a semi-presidential representative democratic republic, whereby the President of France is head of state and the Prime Minister of France head of government, and of a pluriform multi-party system.
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France

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France

This article is part of the series:
Politics and government of
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Constitution
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Government of France
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France

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A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare policy.
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Conseil d'État (English: Council of State) is an organ of the French national government. Its functions include assisting the executive with legal advice and being the supreme court for administrative justice. Its members are (for the most part) high level jurists.
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Regulation can be considered as legal restrictions promulgated by government authority. One can consider at least two levels in democracies -- legislative acts, and implementing specifications of conduct imposed by administrative agencies through rulemaking supported by a threat of
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Implementation is the realization of an application, or execution of a plan, idea, model, design, specification, standard, algorithm, or policy.

In computer science, an implementation is a realization of a technical specification or algorithm as a program, software
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Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of the acts.
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A Statutory Instrument (SI) is a form of delegated or secondary legislation in Great Britain which is governed by the Statutory Instruments Act 1946.^[1] Most secondary legislation in Great Britain is made in the form of a statutory instrument.
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A legislature is a type of representative deliberative assembly with the power to adopt laws.

Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings.
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Primary legislation is legislation made by the legislative branch of government. This contrasts with secondary legislation, made by the executive branch, usually within boundaries laid down by the legislature.
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The French Civil Service (French: fonction publique française) is the set of civil servants (fonctionnaires) working for the French government.

Not all employees of the state and public institutions or corporations are civil servants; however, the media
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Decree

Information about Decree

Imperial Decree

Russia

France

Catholic Church

Other uses of the term

External links

References

See also