A decree is a
legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
, usually issued by a
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
(such as the
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
of a
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
or a
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
), 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 order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
s'' made by the
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
, for example, are decrees (although a decree is not exactly an order).
Decree by jurisdiction
Belgium
In
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, a decree is a law of a
community or regional parliament, e.g. the
Flemish Parliament
The Flemish Parliament (Dutch: , formerly called Flemish Council or ''Vlaamse Raad'') constitutes the legislative power in Flanders for matters which fall within the competence of Flanders, both as a geographic region and as a cultural communi ...
.
France
The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
or
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. Any such order must not violate the
French Constitution
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
or
Civil Code
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
, and a party has the right to request an order be annulled in the French
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
. 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", usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by the regulations 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 annulment, 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
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
.
Sometimes, people refer to ''décrets en Conseil d'État'' improperly as ''décrets du Conseil d'État''. This would imply that it is the Council of State 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 Council is purely advisory.
Decrees may be classified into:
*
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...
s, which may be:
** Application decrees (''décrets d'application''), each of which must be specifically authorized by one or more
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
s to determine some
implementation
Implementation is the realization of an application, or execution of a plan, idea, model, design, specification, standard, algorithm, or policy.
Industry-specific definitions
Computer science
In computer science, an implementation is a real ...
conditions of this or these statutes; these constitute
secondary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democra ...
and are roughly equivalent to British
statutory instruments
In many countries, a statutory instrument is a form of delegated legislation.
United Kingdom
Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom.
National government
Statutory instrument ...
;
** Autonomous regulations (''règlements autonomes''), which may be taken only in areas where the Constitution does not impose statute law (passed by the
Legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
); these constitute
primary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...
;
* Particular measures, such as the nomination of high-level
civil servants
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
.
Only the prime minister may issue regulatory or application decrees. Presidential decrees are generally nominations or exceptional measures where the law mandates a presidential decree, such as the dissolution of the
French National Assembly
The National Assembly (french: link=no, italics=set, Assemblée nationale; ) is the lower house of the bicameral French Parliament under the Fifth Republic, the upper house being the Senate (). The National Assembly's legislators are known a ...
, the calling of new legislative elections, and the grant of the title
Marshal of France
Marshal of France (french: Maréchal de France, plural ') is a French military distinction, rather than a military rank, that is awarded to generals for exceptional achievements. The title has been awarded since 1185, though briefly abolished (1 ...
.
Decrees are published in the ''
Journal Officiel de la République Française
A journal, from the Old French ''journal'' (meaning "daily"), may refer to:
*Bullet journal, a method of personal organization
*Diary, a record of what happened over the course of a day or other period
*Daybook, also known as a general journal, a ...
'' or "French Gazette".
Catholic Church
A decree (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: ''decretum'') in the usage of the
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
of the
Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
has various meanings. Any
papal bull,
brief
Brief, briefs, or briefing may refer to:
Documents
* A letter
* A briefing note
* Papal brief, a papal letter less formal than a bull, sealed with the pope's signet ring or stamped with the device borne on this ring
* Design brief, a type of ed ...
, or
motu proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept.
In Catholic canon law, it refers to a do ...
is a decree inasmuch as these documents are legislative acts of the
pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
. In this sense, the term is quite ancient. The
Roman Congregations
In the Roman Curia, a congregation ( lat, Sacræ Cardinalium Congregationes) is a type of department of the Curia. They are second-highest-ranking departments, ranking below the two Secretariats, and above the pontifical councils, pontifical co ...
were formerly empowered to issue decrees in matters which come under their particular jurisdiction but were forbidden from continuing to do so under
Pope Benedict XV
Pope Benedict XV (Latin: ''Benedictus XV''; it, Benedetto XV), born Giacomo Paolo Giovanni Battista della Chiesa, name=, group= (; 21 November 185422 January 1922), was head of the Catholic Church from 1914 until his death in January 1922. His ...
in 1917. Each
ecclesiastical province
An ecclesiastical province is one of the basic forms of jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United State ...
and also each
diocese
In Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop.
History
In the later organization of the Roman Empire, the increasingly subdivided Roman province, pro ...
may issue decrees in their periodical
synods within their sphere of authority.
While in a general sense all documents promulgated by an ecumenical council can be called decrees. In a specific sense some of these documents, as at the
Second Vatican Council
The Second Ecumenical Council of the Vatican, commonly known as the , or , was the 21st Catholic ecumenical councils, ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions) ...
, were called more precisely constitutions or declarations.
Canon 29 of the 1983 Code of Canon Law defines general decrees:
Holy See
The
Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
uses decrees from the
pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
such as
papal bull,
papal brief
A papal brief or breve is a formal document emanating from the Pope, in a somewhat simpler and more modern form than a papal bull.
History
The introduction of briefs, which occurred at the beginning of the pontificate of Pope Eugene IV (3 Marc ...
or
motu proprio
In law, ''motu proprio'' (Latin for "on his own impulse") describes an official act taken without a formal request from another party. Some jurisdictions use the term ''sua sponte'' for the same concept.
In Catholic canon law, it refers to a do ...
as legislative acts.
Italy
According to clause 77 of the
Italian Constitution
The Constitution of the Italian Republic ( it, Costituzione della Repubblica Italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended sixteen times, ...
, "The Government may not, without an enabling act from the Houses, issue decrees having the force of ordinary law.
When in extraordinary cases of necessity and urgency the Government adopts provisional measures having the force of law, it must on the same day present said measures for confirmation to the Houses which, even if dissolved, shall be summoned specially for this purpose and shall convene within five days.
The decrees lose effect from their inception if they are not confirmed within sixty days from their publication. The Houses may however regulate by law legal relationships arising out of not confirmed decrees."
The effectiveness for sixty days produces the effects immediately, giving rights or expectations whose legal basis was precarious, especially when the conversion law never intervened.
Portugal
In Portugal there are several types of decree ( pt, decreto) issued by the various bodies of sovereignty or by the bodies of self-government of
autonomous regions
An autonomous administrative division (also referred to as an autonomous area, entity, unit, region, subdivision, or territory) is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy— ...
.
there are the following types of decree:
# Decree-law ( pt, decreto-lei): is a legislative act issued by the
Government of Portugal
The Government of Portugal is one of the four sovereignty bodies of the Portuguese Republic, together with the President of Portugal, President of the Republic, the Assembly of the Republic (Portugal), Assembly of the Republic and Judiciary of Port ...
under its legislative powers defined by Article 198 of the
Portuguese Constitution
The present Constitution of Portugal was adopted in 1976 after the Carnation Revolution. It was preceded by a number of constitutions including the first one created in 1822 (following the Liberal Revolution of 1820), 1826 (drawn up by King ...
;
# Regional legislative decree ( pt, decreto legislativo regional): is a regional law, issued by the legislative assembly of an autonomous region, within its powers defined by articles 227 and 233 of the Constitution;
# Decree of the President of the Republic ( pt, decreto do Presidente da República): is a decree issued by the
President of Portugal
The president of Portugal, officially the president of the Portuguese Republic ( pt, Presidente da República Portuguesa, ), is the head of state and highest office of Portugal.
The powers, functions and duties of prior presidential offices, an ...
, for the ratification of international treaties, the appointment or dismissal of members of the Government or to exercise other presidential powers defined in the Constitution;
# Decree ( pt, decreto): is an act issued by the Government of Portugal to approve an international agreement whose approval is not within the competence of the
Assembly of the Republic or has not been submitted to it or within the Government administrative jurisdiction laid down in Article 199 of the Constitution in relation to a statute that requires this decree;
# Regulatory decree ( pt, decreto regulamentar): is an act issued by the Government of Portugal, under its administrative jurisdiction laid down in Article 199 of the Constitution, to make the necessary regulations for the proper execution of the laws and to take all actions and decisions necessary to promote economic and social development and to meet the community needs;
# Regional regulatory decree ( pt, decreto regulamentar regional): is an act issued by the legislature or the government of an autonomous region, regulating the proper implementation of regional legislative decrees;
# A decree from the representative of the Republic ( pt, decreto do representante da República): is the decree of appointment or removal of members of the government of an autonomous region, issued by the representative of the Republic for that region.
Iran
![Ali Khamenei first presidency decree by Rohullah Khomeini (3)](https://upload.wikimedia.org/wikipedia/commons/b/b0/Ali_Khamenei_first_presidency_decree_by_Rohullah_Khomeini_%283%29.jpg)
According to article 110 of the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, the
Supreme Leader delineates the general policies of the Islamic Republic.
Russia
After the
Russian Revolution
The Russian Revolution was a period of Political revolution (Trotskyism), political and social revolution that took place in the former Russian Empire which began during the First World War. This period saw Russia abolish its monarchy and ad ...
, a government proclamation of wide meaning was called a "decree" (Russian: декрет, dekret); a more specific proclamation was called an . Both terms are usually translated as 'decree'.
According to the
Russian Federation's 1993 constitution, an is a presidential decree. Such 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
The Government of Russia exercises executive power in the Russian Federation. The members of the government are the prime minister, the deputy prime ministers, and the federal ministers. It has its legal basis in the Constitution of the Russia ...
can also issue decrees formally called Decisions (Постановления) or Orders (Распоряжения) and may not contradict the constitution/laws or presidential decrees.
Saudi Arabia
Royal decrees are the source of law in Saudi Arabia.
Spain
In Spain, decrees come in several forms:
* Royal decree
*
Royal Decree-Law
*
Royal Legislative Decree
Turkey
In accordance with Article 107 of the 1982 Constitution. One of the important amendments made in the constitution with the act no. 6771 is related to decrees of the presidency.
United Kingdom
In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, Orders-in-Council are either primary legislation deriving their authority from the
Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
, promulgated by the Privy Council in the name of the Monarch; or secondary legislation, promulgated by a Minister of the Crown using the authority granted by an Act of Parliament or other primary legislation. Both are subject to
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
, the former with some exceptions.
United States
In US legal usage, during the 19th and early 20th centuries, a decree was an order of a
court of equity determining the rights of the parties to a suit, according to equity and good conscience. Since the 1938 procedural merger of law and equity in the federal courts under the Federal Rules of Civil Procedure, the term ''judgment'' (the parallel term in the common law) has generally replaced ''decree''. This is now true also in most state courts. The term ''decree'' is broadly treated as synonymous with ''judgment''.
A decree is often a final determination, but there are also interlocutory decrees. A ''final decree'' fully and finally disposes of the whole litigation, determining all questions raised by the case, and it leaves nothing that requires further judicial action; it is also appealable. An ''interlocutory decree'' is a provisional or preliminary decree that is not final and does not fully determine the suit, so that some further proceedings are required before entry of a final decree. It is usually not appealable, although preliminary injunctions by federal courts are appealable even though interlocutory.
Cornell Law School
Legal Information Institute.
Executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
s, which are instructions from the President to the executive branch of government, are decrees in the general sense in that they have the force of law, although they cannot override statute law or the Constitution and are subject to judicial review. Governors of individual states may also issue state executive order
In the United States, a state executive order is a directive issued by a governor that regulates operations of the state government and certain aspects of citizen life. Powers of state executive orders are limited by the respective state constit ...
s.
Other uses of the term
In some jurisdictions, certain types of court orders
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of ...
by judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s are referred to as decrees, e.g. a divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
decree.
See also
* Consent decree
* Edict
An edict is a decree or announcement of a law, often associated with monarchism, but it can be under any official authority. Synonyms include "dictum" and "pronouncement".
''Edict'' derives from the Latin edictum.
Notable edicts
* Telepinu Pro ...
* Fatwa
* Firman
A firman ( fa, , translit=farmân; ), at the constitutional level, was a royal mandate or decree issued by a sovereign in an Islamic state. During various periods they were collected and applied as traditional bodies of law. The word firman com ...
* Official Communications of the Chinese Empire
official communications in imperial China, the era which lasted from the 221 BC until AD 1912, required predictable forms and means. Documents flowed down from the Emperor to officials, from officials to the Emperor, from one part of the bureauc ...
** Memorial to the throne
A memorial to the throne () was an official communication to the Emperor of China. They were generally careful essays in Classical Chinese and their presentation was a formal affair directed by government officials. Submission of a memorial was a ...
* Proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
* Rule by decree
* Rescript
In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation.
Over ...
* Soviet Decree
Decrees (russian: декреты) were legislative acts of the highest Soviet institutions, primarily of the Council of People's Commissars (the highest executive body) and of VTsIK (the highest legislative body between sessions of the Congress of ...
* Ukase
In Imperial Russia, a ukase () or ukaz (russian: указ ) was a proclamation of the tsar, government, or a religious leader ( patriarch) that had the force of law. " Edict" and "decree" are adequate translations using the terminology and concep ...
Notes
References
* ''Executive decree authority'', John M. Carey and Matthew Soberg Shugart, Eds., Cambridge University Press, 1998,
External links
''All external sites in French unless otherwise noted.''
1946 Constitution of the 4th Republic
{{Authority control
Sources of law