Decree
A legal proclamation issued by a head of state or other authority.
A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, legislative laws, or customary laws of a government. The term has specific meanings in various jurisdictions, including Belgium, the Catholic Church, France, Italy, Portugal, Iran, Kazakhstan, and Russia.
- field
- Law and governance
- known_for
- A legal proclamation issued by authorities such as heads of state, judges, or royal figures
- variants
- Decree-law, regional legislative decree, presidential decree, regulatory decree, ukaz, décret
Lore & Background
In Belgium, a decree is a law of a community or regional parliament, such as the Flemish Parliament. In the Catholic Church, a decree (Latin: decretum) has various meanings in canon law; any papal bull, brief, or motu proprio is a decree as a legislative act of the pope. Each ecclesiastical province and diocese may issue decrees in their periodical synods within their sphere of authority.
Reader's Guide
In France, the word décret refers to executive orders issued by the French President or Prime Minister, which must not violate the French Constitution or Civil Code. Orders may be annulled by the French Council of State. In Italy, under clause 77 of the Italian Constitution, the government may issue decrees having the force of law only in extraordinary cases of necessity and urgency, and these must be confirmed by Parliament within sixty days or lose effect. In Portugal, various types of decree exist, including decree-law, regional legislative decree, and presidential decree, each issued by different bodies of sovereignty or local government. In Kazakhstan, a decree is defined under Article 45 of the Constitution as a legal act issued by the President, binding throughout the territory and not contradicting constitutional or statutory law.
Did You Know?
- In Belgium, a decree is a law of a community or regional parliament, such as the Flemish Parliament.
- In the Catholic Church, any papal bull, brief, or motu proprio is a decree as a legislative act of the pope.
- In Italy, decrees having the force of law lose effect from their inception if not confirmed within sixty days from their publication.
Frequently Asked Questions
What exactly is a decree in legal terms?
A decree is a formal legal proclamation that carries binding authority, typically put into effect by a head of state, a judge, a royal figure, or another recognized governing body. It is issued following specific procedures laid out in a country's constitution, legislative statutes, or customary legal traditions.
Who has the power to issue a decree?
Decrees can be promulgated by heads of state, sitting judges, royal figures, or other authorities designated by the relevant legal system. The exact procedures for issuing one are generally prescribed by the constitution, parliamentary legislation, or established customary law of that government.
What are the main variants or types of decrees?
Common forms include the decree-law, regional legislative decree, presidential decree, regulatory decree, and the Russian term "ukaz," among others. Each variant serves a distinct function depending on the issuing authority and the jurisdiction in which it operates.
How does a decree differ from an ordinary statute passed by a legislature?
While a statute typically goes through a full legislative process with multiple readings and debates, a decree is usually issued directly by an executive, judicial, or royal authority under powers granted by the constitution or existing law. This makes decrees a faster mechanism for enacting binding rules, though their scope and permanence can vary by jurisdiction.
In which countries or systems does the term "decree" carry a specialized legal meaning?
The word holds particular legal significance in jurisdictions such as Belgium, France, Italy, Portugal, Iran, Kazakhstan, and Russia, as well as within the governance structure of the Catholic Church. In each of these contexts, the decree carries its own defined procedures, scope of authority, and legal standing.
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