Rule by decree

From LawGuru Wiki

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.

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. Literally whatever the leader says, becomes law. 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.

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.

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.

See also

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