Rule by decree
From Wikipedia, the free encyclopedia
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.
The expression is also sometimes used as a pejorative and polemical hyperbole 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. When no formal government institutions exist or martial law is in effect, 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 only seconds to create by a leader ruling by decree. This is what makes it valuable in emergency situations. Thus, it is allowed by many Constitutions, among which is the French Constitution. U.S. presidential executive orders share some similarities with rule by decree.
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[edit] The 1933, February 28 Reichstag Fire Decree
The most prominent example in history is the Reichstag Fire Decree, in which German President Paul von Hindenburg was convinced by Adolf Hitler to issue a decree suspending basic civil rights indefinitely. 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. As Giorgio Agamben points out, the ensuing state of exception, which suspended the Constitution without repealing it, lasted until the end of the Third Reich.
[edit] Decrees in democratic regimes
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.
Other modern political concepts, such as the French decrees, Orders in Council in the British Commonwealth and American executive orders are partially based on this notion of decrees, although far more limited in scope, and generally subject to judicial review.
Venezuelan President Hugo Chávez has been granted power by the National Assembly to rule by decree for 18 months in early 2007. He intends to nationalize Venezuela's telecommunications and power industries and end foreign ownership of oil refineries as part of his Bolivarian Revolution.
[edit] Giorgio Agamben's critique of the use of decrees-law
Italian philosopher Giorgio Agamben has pointed out the 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".
[edit] See also
- Executive order
- Decree
- Article 48 of the 1919 constitution of Germany (the Weimar Constitution)
