Decree
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Decree is an order by a head of state or government that has the force of law.
In some countries, other words are used for such orders; one example is the executive orders of the president of the United States.
The word decree is often used as a derogative term for any authoritarian decision. See also rule by decree.
Imperial Decree
An imperial decree is a decree issued by a sovereign ruler, such as an emperor, king, or similarly styled person. Imperial decrees from monarchial times differ from decrees issued by heads of state in modern democracies in that they embodied a force of law that was subject to no limitations either by other branches of government, or through the democratic process.
France
The word decree (décret) is used as a legal term to describe the executive decisions from the President or Prime Minister of France; they may be compared to US executive orders. Those decisions must conform to the Constitution and statutes of France, and it is possible to sue for their cancellation in the Conseil d'État (litigation section).
Decrees are of the two following kinds:
- simple decrees (décrets simples);
- decrees in the Council of State (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.
They may be classified into:
- regulations, which may be:
- application decrees (décrets d'application), each of which must be specifically authorized by one or more statutes to determine some implementation conditions of this or these statutes; these constitute secondary legislation;
- autonomous regulations (règlement autonomes), which may only be taken in areas where the Constitution of France does not impose statute law (passed by the legislative branch); these constitute primary legislation;
- particular measures, such as the nomination of high-level civil servants.
Only the prime minister can 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.