Decree
Encyclopedia
A decree is a rule of law
issued by a head of state
(such as the president
of a republic
), 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 and, in this sense, it is often derogatory.
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", 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:
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".
s
, 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.
uses decrees from the Pope
such as a papal Bull
, Papal Brief
or Motu Proprio
as legislative acts.
s are referred to as decrees.
All external sites in French unless otherwise noted.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
issued by a head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
(such as the president
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
of a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
), 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
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, for example, are decrees (although a decree is not exactly an order). In non-legal English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
usage, however, the term refers to any authoritarian decision and, in this sense, it is often derogatory.
France
- See Government of FranceGovernment of FranceThe government of the French Republic is a semi-presidential system determined by the French Constitution of the fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic"...
.
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
Prime Minister of France
The Prime Minister of France in the Fifth Republic is the head of government and of the Council of Ministers of France. The head of state is the President of the French Republic...
. Any such order must not violate the French Constitution
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
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", 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:
- regulationRegulationRegulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s, which may be:- application decrees (décrets d'application), each of which must be specifically authorized by one or more statuteStatuteA statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s to determine some implementationImplementationImplementation is the realization of an application, or execution of a plan, idea, model, design, specification, standard, algorithm, or policy.-Computer Science:...
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 FranceConstitution of FranceThe current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
does not impose statute law (passed by the legislative branch); these constitute primary legislationPrimary legislationPrimary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
;
- application decrees (décrets d'application), each of which must be specifically authorized by one or more statute
- particular measures, such as the nomination of high-level civil servantsFrench Civil ServiceThe French Civil Service is the set of civil servants working for the French government.Not all employees of the state and public institutions or corporations are civil servants; however, the media often incorrectly equate "government employee" or "employee of a public corporation" with...
.
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
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
and the calling of new legislative elections.
Decrees are published in the Journal Officiel de la République Française
Journal Officiel de la République Française
The Journal Officiel de la République Française is the official gazette of the French Republic. It publishes the major legal official information from the national Government of France.-Publications:...
or "French Gazette".
s
Russia
After the Russian RevolutionRussian Revolution of 1917
The Russian Revolution is the collective term for a series of revolutions in Russia in 1917, which destroyed the Tsarist autocracy and led to the creation of the Soviet Union. The Tsar was deposed and replaced by a provisional government in the first revolution of February 1917...
, 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
Constitution of Russia
The current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
, an ukaz is a Presidential decree. Such ukazes have the power of laws, but may not alter the Russian constitution
Constitution of Russia
The current Constitution of the Russian Federation was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication...
or the regulations of existing laws, and may be superseded by laws passed by the Federal Assembly
Federal Assembly of Russia
The Federal Assembly of Russia is the legislature of the Russian Federation, according to the Constitution of Russian Federation, 1993...
.
The Government of Russia
Government of Russia
The Government of the Russian Federation exercises executive power in the Russian Federation. The members of the government are the prime minister , the deputy prime ministers, and the federal ministers...
can also issue decrees which will not contradict the constitution/laws or presidential decrees.
Catholic Church
The Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
uses decrees from the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
such as a papal Bull
Papal bull
A Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
, Papal Brief
Papal brief
The Papal Brief 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 Eugenius IV , was clearly prompted for the same desire for greater simplicity...
or Motu Proprio
Motu proprio
A motu proprio is a document issued by the Pope on his own initiative and personally signed by him....
as legislative acts.
Other uses of the term
In some jurisdictions, certain types of court orders by judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s are referred to as decrees.
See also
- Consent decreeConsent decreeA consent decree is a final, binding judicial decree or judgment memorializing a voluntary agreement between parties to a suit in return for withdrawal of a criminal charge or an end to a civil litigation...
- EdictEdictAn edict is an announcement of a law, often associated with monarchism. The Pope and various micronational leaders are currently the only persons who still issue edicts.-Notable edicts:...
- ProclamationProclamationA proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
- Rule by decreeRule by decreeRule 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 argued that it has been generalized since World War I in all modern states,...
- RescriptRescriptA rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee...
- Soviet DecreesSoviet DecreesDecrees were legislative acts of the highest Soviet institutions, primarily of the Council of People's Commissars and of the Supreme Soviet or VTsIK , issued between 1917 and 1924...
- UkaseUkaseA ukase , in Imperial Russia, was a proclamation of the tsar, government, or a religious leader that had the force of law...
External links
All external sites in French unless otherwise noted.