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Encyclopedia > Rule by decree

Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs. Dictator was the title of a magistrate in ancient Rome appointed by the Senate to rule the state in times of emergency. ... Absolute monarchy is an idealized form of government, a monarchy where the ruler has the power to rule his or her country and citizens freely with no laws or legally-organized direct opposition telling him or her what to do, although some religious authority may be able to discourage the...


The expression is also sometimes used in a pejorative and polemical sense when describing actions of democratic governments that are perceived to unduly bypass parliamentarian or popular scrutiny.


Rule by decree allows the ruler to arbitrarily make laws, without any sort of legislative process or discussion. Literally whatever the leader says, becomes law. When no formal government institutions exist or martial law is in effect, rule by decree is common. A legislature is a governmental deliberative body with the power to adopt laws. ... Martial law is the system of rules that takes effect (usually after a formal declaration) when a military authority takes control of the normal administration of justice (and usually of the whole state). ...


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 only seconds to create by a dictator ruling by decree. This is what makes it valuable in emergency situations.


Arguably the most prominent example in history is the Reichstag Fire Decree, in which German President Paul von Hindenburg decreed that freedom of speech and freedom of assembly could be suspended indefinitely. The Reichstag Fire Decree (in German, Reichstagsbrandverordnung) is the commonly used abbreviation for the law that was passed by the Nazi government in direct response to the Reichstag fire of February 27, 1933. ... Paul von Hindenburg President of Germany Paul von Hindenburg (full name Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg) (October 2, 1847 – August 2, 1934) was a German Field Marshal and statesman. ... A public demonstration Freedom of speech is the liberty to freely say what one pleases, as well as the related liberty to hear what others have stated. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ...


Some democratic leaders, such as the presidents of Mexico have the constitutional authority to issue emergency decrees, as well. The President of France may rule by decree in national emergencies, subject to constitutional and other legal limitations, but this power has been used only once. President is a title held by many leaders of organizations, companies, universities, and countries. ... The President of France, known officially as the President of the Republic (Président de la République in French), is Frances elected Head of State. ...


Other modern political concepts, such as the French decrees, British orders in council and American executive orders are partially based on this notion of decrees, although far more limited in scope, and generally subject to judicial review. Decree is an order that has the force of law. ... An Order-in-Council is a type of legislation in the United Kingdom and certain Commonwealth countries which is formally made in the name of the Queen (or the Governor-General acting on her behalf) by the Cabinet, which is a committee of the Privy Council (the Queen-in-Council... An executive order is a legally binding edict issued by a member of the executive branch of a government, usually the head of that branch. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent; for example, although the basis is different in different countries, as unconstitutional or violating of basic principles of justice. ...


  Results from FactBites:
 
Al Jazeera English - News - Chavez Granted Rule By Decree (482 words)
Venezuela's congress has granted Hugo Chavez, the president, powers to rule by decree - enabling him to push through plans to nationalise key industries as part of his "socialist revolution".
The president has already said that he will use the law to decree nationalisations of Venezuela's largest telecommunications company and the electricity sector, impose new taxes on the rich and greater state control over the oil and natural gas industries.
In 2001, he decreed 49 laws including controversial agrarian reform measures and a law that sharply raised taxes on foreign oil companies operating in Venezuela.
Rule by decree - Wikipedia, the free encyclopedia (484 words)
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have pointed out how it has been generalized since World War I in all modern states, including representative democracies.
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 only seconds to create by a leader ruling by decree.
As a result of this decree, Nazi authorities were able to constitutionally suppress or imprison their opposition, which in turn paved the way for the one-party rule of the Third Reich.
  More results at FactBites »


 

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