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 ] Documents or archives in the format of royal decrees or farming were issued by rulers.[ clarification needed ]
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.
The president is a common title for the head of state in most republics. In politics, president is a title given to leaders of republican states.
In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament.
Belgium, officially the Kingdom of Belgium, is a country in Western Europe. It is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to the southwest, and the North Sea to the northwest. It covers an area of 30,688 km2 (11,849 sq mi) and has a population of more than 11.4 million. The capital and largest city is Brussels; other major cities are Antwerp, Ghent, Charleroi and Liège.
The Flemish Parliament constitutes the legislative power in Flanders, for matters which fall within the competence of Flanders, both as a geographic region and a cultural community of Belgium.
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 or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled 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",usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by the ordinances under the 1958 Constitution.
The President of the French Republic is the executive head of state of France in the French Fifth Republic. In French terms, the presidency is the supreme magistracy of the country.
The Prime Minister of the French Republic in the Fifth Republic is the head of government. During the Third and Fourth Republics, the head of government was formally called President of the Council of Ministers, generally shortened to President of the Council. Most non-French sources referred to the post as "prime minister" or "premier." The title "Prime Minister" became official with the founding of the Fifth Republic.
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 Republic, while the text was drafted by Michel Debré. Since then the constitution has been amended twenty-four times, through 2008.
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).
In French politics, an ordonnance is a statutory instrument issued by the Council of Ministers in an area of law normally reserved for primary legislation enacted by the French Parliament. They function as temporary statutes pending ratification by the Parliament; failing ratification they function as mere executive regulations.
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 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 is an abstract concept of 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 example:
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 legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
Implementation is the realization of an application, or execution of a plan, idea, model, design, specification, standard, algorithm, or policy.
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".
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A decree (Latin: decretum) in the usage of the canon law of the Catholic Church has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In this sense the term is quite ancient. The Roman Congregations 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 in 1917.Each ecclesiastical province and also each diocese 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, were called more precisely constitutions or declarations.
Canon 29 of the 1983 Code of Canon Law offers a definition of general decrees:
General decrees, by which a competent legislator makes common provisions for a community capable of receiving a law, are true laws and are regulated by the provisions of the canons on laws.
The Holy See uses decrees from the pope such as papal bull, papal brief or motu proprio as legislative acts.
According clause 77 of the Italian Constitution, "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 especially 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 in fact precarious, especially when the conversion law never intervened.
In Portugal, there are several types of decrees (Portuguese : decretos, singular Portuguese : decreto) issued by the various bodies of sovereignty or by the bodies of self-government of autonomous regions.
Currently, there are the following types of decrees:
According to the article 110 of the constitution, the supreme leader delineates the general policies of the Islamic Republic.
After the Russian Revolution, a government proclamation of wide meaning was called a "decree" (Russian: декрет, dekret); a more specific proclamation was called a 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 formally called Decisions (Постановления) or Orders (Распоряжения) and may not contradict the constitution/laws or presidential decrees.
Royal decrees are the source of law in Saudi Arabia.
In Spain, decrees come in a number of forms:
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 presidency.
In the United Kingdom, Orders-in-Council are either primary legislation deriving their authority from the Royal Prerogative, promulgated by the Privy Council in the name of the Monarch; or secondary legislation, promulgated by a Minister of the Crown using authority granted by an Act of Parliament or other primary legislation. Both are subject to judicial review, the former with some exceptions.
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 common law) has generally replaced decree. This is now true also in most state courts.The term decree has had a similar usage in admiralty, probate, and divorce law.
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.
Executive orders, 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.
In some jurisdictions, certain types of court orders by judges are referred to as decrees, e.g. a divorce decree.
The politics of Russia take place in the framework of the federal semi-presidential republic of Russia. According to the Constitution of Russia, the President of Russia is head of state, and of a multi-party system with executive power exercised by the government, headed by the Prime Minister, who is appointed by the President with the parliament's approval. Legislative power is vested in the two houses of the Federal Assembly of the Russian Federation, while the President and the government issue numerous legally binding by-laws.
The President of the Republic of Turkey is the head of state and head of government of the Republic of Turkey. Following the 2018 general election, the incumbent office-holder assumed the role of an Executive President and holds both ceremonial and executive status. In this capacity, the President represents the Republic of Turkey, and the unity of the Turkish nation, as well as ensuring the implementation of the Constitution of Turkey and the organized and harmonious functioning of the organs of state. The articles from 101 to 106 of the Constitution establish all the requirements, election, duties, and responsibilities for the office of the President. The office of the President of Turkey was established with the proclamation of the Republic of Turkey on 29 October 1923. The President of Turkey is often referred to as the Cumhurbaşkanı, meaning 'President of the People'.
Promulgation is the formal proclamation or declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.
In the United States, an executive order is a directive issued by the president of the United States that manages operations of the federal government and has the force of law. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the president some degree of discretionary power.
The Constitution of the Republic of Croatia is promulgated by the Croatian Parliament.
The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation.
The Constitution of Finland is the supreme source of national law of Finland. It defines the basis, structures and organisation of government, the relationship between the different constitutional organs, and lays out the fundamental rights of Finnish citizens, and individuals in general. The original Constitution Act was enacted in 1919, soon after Finland declared its independence in 1917. The current draft of the Constitution came into force on 1 March 2000.
The Federation Council, also known in Russia as the Soviet Federation is the upper house of the Federal Assembly of Russia, according to the 1993 Constitution of the Russian Federation. Each of the 85 federal subjects of Russia – consisting of 22 republics, 46 oblasts, nine krais, three federal cities, four autonomous okrugs, and one autonomous oblast – sends two senators to the Council, for a total membership of 170 Councillors.
The Constitution of the Italian Republic 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 15 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, at the same time as a referendum on the abolition of the monarchy. The Constitution started being drafted in 1946 and came into force on 1 January 1948, one century after the Statuto Albertino had been enacted. Although the latter remained in force after Benito Mussolini's March on Rome in 1922, it had become devoid of substantive value.
The two Autonomous Regions of Portugal are the Azores and Madeira. Together with Continental Portugal, they form the whole of the Portuguese Republic.
The Law of Portugal is the legal system that applies to Portugal. It is part of the family of the civil law legal systems, based on Roman law. As such, it has many common features with the legal systems found in most of the countries in Continental Europe.
Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonisation in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and Arabia have not only affected the culture, but also weighed in the customary adat laws. Aceh in Sumatra, for instances, observes their own sharia law, while Toraja ethnic group in Sulawesi are still following their animistic customary law.
The Council of Ministers is the principal executive organ of the Government of Italy. It comprises the President of the Council, all the ministers, and the undersecretary to the President of the Council. Deputy ministers and junior ministers are part of the government, but are not members of the Council of Ministers.
The Council of Ministers of the Autonomous Republic of Crimea, briefly SovMin, was until February 27, 2014 the executive branch of government of the Autonomous Republic of Crimea, a republic within southern Ukraine. The Council of Ministers derived its authority from the Constitution and laws of Ukraine and normative acts of the Verkhovna Rada of Crimea which bring them into its competency.
The political status of the Azores is defined by the Political-Administrative Statute of the Autonomous Region of the Azores, which acts as the standard legal constitutional framework for the autonomy of the Portuguese archipelago of the Azores. It defines the scope of the autonomous regional government and the structure and functioning of the region's organs of government within the framework of the 1976 Constitution of Portugal. The autonomous region of Madeira has a similar status.
The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789."
A ministerial decree or ministerial order is a decree by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority of the department's chief minister, secretary or administrator.
In parliamentary systems and presidential systems of government, 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 government. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
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