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A Royal Legislative Decree is a legal rule having the force of a
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundaries, ...
in the Spanish
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history ...
. The name of "Royal" is given because it has state rank and it is the
King of the King of the Romans (variant used in the early modern period) File:Nezahualpiltzintli.jpg">Aztec King Nezahualpiltzintli of Texcoco King is the title given to a male monarch in a variety of contexts. The female equivalent is queen ...
who is responsible for sanctioning and ordering the publication and compliance of the rule and the name of "Legislative" is given because it is a delegation from parliament. However, when the rule is created by an
autonomous government
autonomous government
, it receives the name of "Legislative Decree" because the King only sanctions the Decrees of the
central government A central government is the government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists o ...
(the autonomous community Legislative Decree is sanctioned by the President of the Autonomous Community in the name of the KingPromulgación y publicación de leyes de comunidades autónomas
/ref>).


Requirements to use the Royal Legislative Decree

In order to delegate the legislative capacity of
Parliament In modern politics and history, a parliament is a legislature, legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, an ...
to the
Government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, Executive (government), ex ...
, Parliament must make a
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its boundaries, ...
(known as Delegation Law or Law of Delegation) to allow it. In this way, the Legislative Decree that is created will already be backed by
Congress A congress is a formal meeting of the representatives of different countries, constituent state A constituent state is a state (polity), state entity that constitutes a administrative division, part of a sovereign state. A constituent state h ...
and will become part of the
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history ...
with full rights. The law of delegation can take two forms: * Bases Law. With this law, foundations are laid on which the government has to legislate to make an articulated text '' ex novo''. * Ordinary Law. With an ordinary law, the power to recast laws is delegated to the government, so laws that were separate could be united and create a single piece of legislation.


Limits of the Royal Legislative Decree

According to th
Spanish Constitution
there are 3 limits to the application of the Decree-Law: * Material limits. The Legislative Decree can only legislate on matters that Congress has previously allowed (matters reserved to organic law cannot be delegated). * Procedural Limits. To approve a Legislative Decree, the government has to follow the guidelines set by law. * Limits of use. The delegation can be used only once.


Judicial control

According to the Constitution, the Constitutional Court of Spain, Constitutional Court is the only body authorized to rule whether a rule with force of law is legal or not. This means that the Constitutional Court can judge not only the laws, but the rules with force of law as is the case of the Legislative Decree. If the Constitutional Court considers the subject matter is not within its competence, it may declare it totally or partially Constitutionality, unconstitutional and expel it from the
legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history ...
. For this reason, it is often considered that the Constitutional Courts are negative legislators, lacking the power to make laws but with the power to repeal all or portions of the unconstitutional laws/acts.


See also

* Decree * Royal Decree-Law (Spain), Royal Decree-Law * Royal Decree (Spain) (see :es:Real decreto)


References

Most of the information is taken from the Spanish Constitution of 1978. {{Reflist Spanish law