Rule by decree

Last updated

Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group of people, usually without legislative approval. While intended to allow rapid responses to a crisis, rule by decree is easily abused and is often a key feature of dictatorships.

Contents

When a state of emergency, such as martial law, is in place, rule by decree is common. While rule by decree is easily susceptible to the whims and corruption of the person in power, it is also highly efficient: a law can take weeks or months to pass in a legislature, but can be edited quickly during ruling by decree. This is what makes it valuable in emergency situations. Thus, it is allowed by many constitutions, including the French, Argentine, Indian and Hungarian constitutions.

The expression is also sometimes used when describing actions of democratic governments that are perceived to unduly bypass scrutiny from the legislature or populace.

Prominent historical examples

Lex Titia and Second Triumvirate

One of the first examples of rule by decree was in the ancient Roman Republic, after the assassination of Julius Caesar in 44 BC, his successor Gaius Octavian (Augustus), general Mark Antony and succeeding pontifex maximus Aemilius Lepidus seized power in the Second Triumvirate, officially recognized by the senate by the Lex Titia decree. The resolution, which gave the three 'triumvirs' authoritarian powers for five years, was enacted and reinstated consecutive in 38 BC. It finally collapsed in 33/32 BC, after the downfall of Lepidus, leading to the final Roman Republican civil war and the total collapse of republican government. [1]

Reichstag Fire Decree of 1933

The most prominent example in history is the Reichstag Fire Decree in Germany, passed after the Reichstag building caught fire in 1933. German Chancellor Adolf Hitler convinced President Paul von Hindenburg to invoke Article 48 of the Weimar Constitution and issue a decree suspending basic civil rights indefinitely. As a result of this decree, German authorities were able to constitutionally suppress or imprison their opposition, which in turn paved the way for the one-party rule of the Nazi Party. [2] The ensuing state of exception, which suspended the Constitution without formally repealing it, lasted until the end of the Third Reich in 1945. [3]

Indian Emergency (1975–1977)

During the Indian Emergency in 1975, Prime Minister Indira Gandhi pressured the President of India to declare a state of emergency, giving her absolute powers to rule by decree. Using these newfound powers, she nullified a regional court ruling which invalidated Gandhi's election to parliament due to fraud and banned her from participating in elections for six years. [4] After assuming near-dictatorial powers, she arrested thousands of opposition politicians, suspended habeas corpus and clamped down on press freedoms. [5] In 1977, she agreed to hold elections again, [6] which she lost resoundingly. She subsequently resigned as prime minister and party leader. [7]

Russian Constitutional Crisis (1993)

From 23 September [8] (given actual effect from 4 October after the armed disbanding of the Supreme Soviet) to 12 December 1993, rule by decree (ukase) was imposed in Russia by President Boris Yeltsin, during transition from the Russian Constitution of 1978 (which was modelled after the obsolete Soviet Constitution of 1977) to the current 1993 Constitution.

Venezuela (2000–)

Venezuelan President Hugo Chávez was granted executive power by the National Assembly to rule by decree multiple times throughout his tenure, passing hundreds of laws. Chávez ruled Venezuela by decree in 2000, [9] 2001, [9] 2004, [10] 2005, [10] 2006, [10] 2007, [11] 2008, [9] [11] 2010, [9] [12] 2011 [9] [12] and 2012. [9] [12] Between 2004 and 2006 alone, Chávez declared 18 "emergencies" to rule by decree. [10]

Chávez's successor, Nicolás Maduro, has also ruled by decree multiple times since he was elected in April 2013. President Maduro has ruled Venezuela by decree for the majority of the period from 19 November 2013 [13] through 2018. [14] [15] [16] [17] [18]

Some democracies, such as Mexico, [19] France and Argentina, permit presidential rule by decree in time of a national emergency, subject to constitutional and other legal limitations.[ citation needed ] In France, this power has been used only once, by Charles de Gaulle in 1961 during the Algerian War. [20]

Other modern political concepts, such as the French decrees, Orders in Council in the British Commonwealth, and executive orders in the United States are partially based on this notion of decrees, although they are far more limited in scope and generally subject to judicial review.

Ireland's Emergency Powers Act allows the government to rule by decrees called Emergency Powers Orders in any aspect of national life, if the parliament invokes the emergency clause in Article 28(3) of the Constitution. The Act however allows the Dáil Éireann to void specific EPOs in a free vote or end the state of emergency at any time. [21]

Giorgio Agamben's critique of the use of decrees-law

Italian philosopher Giorgio Agamben has claimed that there has been an explosion in the use of various types of decrees (decree-law, presidential decrees, executive orders, etc.) since World War I. According to him, this is the sign of a "generalization of the state of exception". [22]

See also

Related Research Articles

<span class="mw-page-title-main">Venezuela</span> Country in South America

Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in the Caribbean Sea. It has a territorial extension of 916,445 km2 (353,841 sq mi), and its population was estimated at 29 million in 2022. The capital and largest urban agglomeration is the city of Caracas.

<span class="mw-page-title-main">Politics of Venezuela</span> Political system of Venezuela

The politics of Venezuela occurs in a framework explained in Government of Venezuela.

<span class="mw-page-title-main">National Assembly (Venezuela)</span> Parliament of Venezuela

The National Assembly is the legislature for Venezuela that was first elected in 2000. It is a unicameral body made up of a variable number of members, who were elected by a "universal, direct, personal, and secret" vote partly by direct election in state-based voting districts, and partly on a state-based party-list proportional representation system. The number of seats is constant, each state and the Capital district elected three representatives plus the result of dividing the state population by 1.1% of the total population of the country. Three seats are reserved for representatives of Venezuela's indigenous peoples and elected separately by all citizens, not just those with indigenous backgrounds. For the 2010 to 2015 the number of seats was 165. All deputies serve five-year terms. The National Assembly meets in the Federal Legislative Palace in Venezuela's capital, Caracas.

An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it the power to take certain actions. For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation. The effects of enabling acts from different times and places vary widely.

<span class="mw-page-title-main">Supreme Tribunal of Justice (Venezuela)</span> Venezuelan supreme court

The Supreme Justice Tribunal is the highest court of law in the Bolivarian Republic of Venezuela and is the head of the judicial branch. As the independence of the Venezuelan judiciary under the regime of Nicolás Maduro is questioned, there have recently been many disputes as to whether this court is legitimate.

<span class="mw-page-title-main">Elections in Venezuela</span>

Elections in Venezuela are held at a national level for the President of Venezuela as head of state and head of government, and for a unicameral legislature. The President of Venezuela is elected for a six-year term by direct election plurality voting, and is eligible for re-election. The National Assembly (Asamblea Nacional) has 165 members (diputados), elected for five-year terms using a mixed member majoritarian system. Elections also take place at state level and local level.

<span class="mw-page-title-main">History of Venezuela (1999–present)</span> Period in the history of Venezuela

Since 2 February 1999, Venezuela saw sweeping and radical shifts in social policy, moving away from the last government's officially embracing a free-market economy and liberalization reform principles and towards income redistribution and social welfare programs.

<span class="mw-page-title-main">President of Venezuela</span> Head of state and head of government of Venezuela

The president of Venezuela, officially known as the President of the Bolivarian Republic of Venezuela, is the head of state and head of government in Venezuela. The president leads the National Executive of the Venezuelan government and is the commander-in-chief of the National Bolivarian Armed Forces. Presidential terms were set at six years with the adoption of the 1999 Constitution of Venezuela, and presidential term limits were removed in 2009.

<span class="mw-page-title-main">Nicolás Maduro</span> President of Venezuela since 2013

Nicolás Maduro Moros is a Venezuelan politician who has served as the president of Venezuela since 2013.

<span class="mw-page-title-main">History of Venezuela</span> Overview of the historical aspects of the country of Venezuela

The history of Venezuela reflects events in areas of the Americas colonized by Spain starting 1502; amid resistance from indigenous peoples, led by Native caciques, such as Guaicaipuro and Tamanaco. However, in the Andean region of western Venezuela, complex Andean civilization of the Timoto-Cuica people flourished before European contact.

<span class="mw-page-title-main">Presidency of Nicolás Maduro</span>

On 14 April 2013 Nicolás Maduro was elected President of Venezuela, narrowly defeating opposition candidate Henrique Capriles with just 1.5% of the vote separating the two candidates. Capriles immediately demanded a recount, refusing to recognize the outcome as valid. Maduro was later formally inaugurated as President on 19 April, after the election commission had promised a full audit of the election results. On 24 October 2013, he announced the creation of a new agency, the Vice Ministry of Supreme Happiness, to coordinate all the social programmes.

<span class="mw-page-title-main">Crisis in Venezuela</span> Socioeconomic and political crisis in Venezuela in the 21st century

An ongoing socioeconomic and political crisis began in Venezuela during the presidency of Hugo Chávez and has worsened during the presidency of his successor Nicolás Maduro. It has been marked by hyperinflation, escalating starvation, disease, crime and mortality rates, resulting in massive emigration from the country.

<span class="mw-page-title-main">2017 Venezuelan constitutional crisis</span> Nicolás Maduros political oppression on the opposition

On 29 March 2017, the Supreme Tribunal of Justice (TSJ) of Venezuela took over legislative powers of the National Assembly. The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition.

<span class="mw-page-title-main">2017 Venezuelan Constituent Assembly election</span>

Constituent Assembly elections were held in Venezuela on 30 July 2017 to elect the members of the 2017 Constituent National Assembly. Unlike the 1999 Constituent National Assembly, which was assembled following a referendum, the 2017 election was convened by the presidential decree of President Nicolás Maduro. Smartmatic, the Venezuelan-owned company which provided the voting machines, stated that the results were tampered with by the CNE, and that the turnout was off by at least one million votes.

<span class="mw-page-title-main">2017 Constituent National Assembly of Venezuela</span> Venezuelan Constituent Assembly

The Constituent National Assembly was a constituent assembly elected in 2017 to draft a new constitution for Venezuela. Its members were elected in a special 2017 election that was condemned by over forty mostly Latin American and Western states. The Democratic Unity Roundtable—the opposition to the incumbent ruling party—also boycotted the election claiming that the Constituent Assembly was "a trick to keep [the incumbent ruling party] in power." Since the opposition did not participate in the election, the incumbent Great Patriotic Pole, dominated by the United Socialist Party of Venezuela, won almost all seats in the assembly by default.

<span class="mw-page-title-main">Lima Group</span> Intergovernmental organization in the Americas formed in response to the Venezuelan crisis

The Lima Group is a multilateral body that was established following the Lima Declaration on 8 August 2017 in the Peruvian capital of Lima, where representatives of 12 countries met in order to establish a peaceful exit to the ongoing crisis in Venezuela.

The Supreme Tribunal of Justice of Venezuela (TSJ) in exile is an institution that some, including the Organization of American States, consider to be the legitimate highest court of law in Venezuela and the head of the judicial branch, as opposed to the Supreme Tribunal of Justice. It was established on 21 July 2017 following the 2017 Venezuelan constitutional crisis. The TSJ's 33 members have been based in Chile, Colombia, Panama, and the United States due to the political crisis in Venezuela.

The negotiations during the crisis in Venezuela are the negotiation and dialogue attempts and processes between the government of Nicolás Maduro and the Venezuelan opposition. Although numerous dialogue processes and roundtables have taken place, by 2023 none had been effective in achieving a solution to the country's crisis.

<span class="mw-page-title-main">Venezuelan crisis defection</span> Defections during crisis in Venezuela

Defections from the Bolivarian Revolution occurred under the administrations of Presidents Hugo Chávez and Nicolás Maduro. The 2019 Venezuelan presidential crisis concerning who is the legitimate President of Venezuela has been underway since 10 January 2019, when the opposition-majority National Assembly declared that incumbent Nicolás Maduro's 2018 reelection was invalid and the body declared its president, Juan Guaidó, to be acting president of the nation. Guaidó encouraged military personnel and security officials to withdraw support from Maduro, and offered an amnesty law, approved by the National Assembly, for military personnel and authorities who help to restore constitutional order.

References

  1. ↑ Wasson, Donald L. (18 April 2016). "Second Triumvirate". World History Encyclopedia . Archived from the original on 14 April 2021. Retrieved 14 April 2017.
  2. ↑ "Reichstag Fire Decree". ushmm.org. United States Holocaust Memorial Museum. Archived from the original on 28 November 2019. Retrieved 14 April 2017.
  3. ↑ Kadıoğlu, Ayşe (16 July 2016). "Coup d'état attempt: Turkey's Reichstag fire?". opendemocracy.net. Archived from the original on 30 November 2018. Retrieved 14 April 2017.
  4. ↑ Fowle, Farnsworth (1975-06-27). "Verdict on June 12 Provoked the Crisis". The New York Times. ISSN   0362-4331 . Retrieved 2022-05-26.
  5. ↑ "Past the cliff's edge". The Economist. ISSN   0013-0613 . Retrieved 2022-05-26.
  6. ↑ "MRS. GANDHI, EASING CRISIS RULE, DECIDES ON MARCH ELECTION". The New York Times. 1977-01-19. ISSN   0362-4331 . Retrieved 2022-05-26.
  7. ↑ Times, Henry Kamm Special to The New York (1977-03-22). "MS. GANDHI RESIGNS AS PREMIER AFTER HER PARTY LOSES MAJORITY,• RIVALS GIVE A PLEDGE OF LIBERTIES". The New York Times. ISSN   0362-4331 . Retrieved 2022-05-26.
  8. ↑ Russian presidential decree №1400 (in Russian)
  9. 1 2 3 4 5 6 "Venezuela grants Chavez power to rule by decree". Daily Nation. 18 December 2010. Archived from the original on 12 May 2016. Retrieved 12 May 2016.
  10. 1 2 3 4 Carroll, Rory (5 December 2008). "A family affair". The Guardian. Archived from the original on 5 June 2016. Retrieved 12 May 2016.
  11. 1 2 "Rule by decree passed for Chavez". BBC News. 19 January 2007. Archived from the original on 10 June 2016. Retrieved 12 May 2016.
  12. 1 2 3 "Hugo Chavez Fast Facts". CNN. 16 July 2013. Archived from the original on 5 May 2016. Retrieved 12 May 2016.
  13. ↑ Diaz-Struck, Emilia; Forero, Juan (19 November 2013). "Venezuelan president Maduro given power to rule by decree". The Washington Post. Archived from the original on 19 June 2015. Retrieved 27 April 2015.
  14. ↑ "Venezuela: President Maduro granted power to govern by decree". BBC News. 16 March 2015. Archived from the original on 12 January 2017. Retrieved 27 April 2015.
  15. ↑ Brodzinsky, Sibylla (15 January 2016). "Venezuela president declares economic emergency as inflation hits 141%". The Guardian. ISSN   0261-3077. Archived from the original on 27 February 2016. Retrieved 24 February 2016.
  16. ↑ Worely, Will (18 March 2016). "Venezuela is going to shut down for a whole week because of an energy crisis". The Independent. Archived from the original on 25 May 2016. Retrieved 12 May 2016.
  17. ↑ Kraul, Chris (17 May 2017). "Human rights activists say many Venezuelan protesters face abusive government treatment". Los Angeles Times . Archived from the original on 21 May 2017. Retrieved 22 May 2017.
  18. ↑ "Gobierno extiende por décima vez el decreto de emergencia económica". La Patilla (in European Spanish). 18 July 2017. Archived from the original on 18 July 2017. Retrieved 19 July 2017.
  19. ↑ Eugenio, Velasco (16 April 2020). "Mexico: Emergency Powers and COVID-19". Verfassungsblog: On Matters Constitutional. doi:10.17176/20200416-092144-0 . Retrieved 2022-05-26.
  20. ↑ "France in 1958". robinsonlibrary.com. The Robinson Library. 22 June 2016. Archived from the original on 10 May 2018. Retrieved 14 April 2017.{{cite web}}: CS1 maint: unfit URL (link)
  21. ↑ "Emergency Powers Act, 1939". irishstatutebook.ie. 3 September 1939. Archived from the original on 21 September 2017. Retrieved 14 April 2017.
  22. ↑ Agamben, Giorgio (2008-07-18). State of Exception. University of Chicago Press. ISBN   978-0-226-00926-1.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.