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 according to defined procedures
- jurisdictions
- Belgium, Catholic Church, Holy See, France, Italy, Portugal, Iran, Kazakhstan, Russia
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; any papal bull, brief, or motu proprio is a decree as legislative acts of the pope. Each ecclesiastical province and diocese may issue decrees in their periodical synods.
Reader's Guide
In France, the word décret refers to executive orders issued by the French President or Prime Minister. Such orders must not violate the French Constitution or Civil Code, and a party may request annulment in the French Council of State. Orders must be ratified by Parliament before becoming legislative acts. In Italy, according to clause 77 of the Italian Constitution, the Government may issue decrees having the force of ordinary law only with an enabling act from Parliament, except in extraordinary cases of necessity and urgency, where provisional measures must be confirmed within sixty days or lose effect. In Portugal, several types of decree exist, including decree-law, regional legislative decree, decree of the President of the Republic, regulatory decree, and regional regulatory decree. In Kazakhstan, a decree is defined under Article 45 of the Constitution as a legal act issued by the President, binding throughout the territory. In Russia, after the Russian Revolution, a government proclamation of wide meaning was called a 'decree' (dekret); a more specific proclamation was called an Ukase (ukaz).
Did You Know?
- In Belgium, a decree is a law of a community or regional parliament, e.g., the Flemish Parliament.
- In Italy, decrees lose effect from their inception if not confirmed within sixty days from publication.
Frequently Asked Questions
What is a decree in legal terms?
A decree is a formal legal proclamation issued by a recognized authority such as a head of state, judge, or royal figure. It carries binding effect once issued according to the procedures set by the governing constitution, statutes, or customary law of that jurisdiction.
Who has the power to issue a decree?
Decrees are typically promulgated by heads of state, judges, royal figures, or other designated authorities within a given legal system. The specific authority and its scope are defined by the constitution, legislative laws, or customary laws of the relevant government.
Which jurisdictions use the term 'decree' with a specific legal meaning?
The term carries distinct definitions in several legal systems, including Belgium, the Catholic Church and Holy See, France, Italy, Portugal, Iran, Kazakhstan, and Russia. Each of these jurisdictions applies its own procedural rules and substantive content to what constitutes a valid decree.
How is a decree different from a statute or regulation?
A decree is issued by an executive, judicial, or ecclesiastical authority following defined procedures, rather than being passed through a legislative vote. Its binding force and scope depend on the constitutional or customary framework of the issuing body, making it distinct from ordinary legislation.
What procedures must be followed for a decree to be valid?
The required procedures—such as drafting, review, signing, and publication—are laid out in the constitution, legislative laws, or customary laws of the issuing government. Failing to follow these established steps can render the proclamation legally unenforceable.
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