The decision is the rule of law normally issued by the head of state (such as the president of a republic or king), in accordance with certain procedures (usually set out in the Constitution). He has the power of the law. The specific terms used for this concept may vary from country to country. The executive command made by the President of the United States, for example, is a decision (although the decision is not an order). But in the use of non-legal English, this term refers to authoritarian decisions. Documents or archives in the format of royal or agricultural decisions are issued by the authorities.
Video Decree
Decision by jurisdiction
Belgium
In Belgium, a decision is a community law or a local parliament, e.g. Flemish Parliament.
French
- View French Government.
The word dÃÆ' Â © cret , literally "decree", is the use of the old law in France and is used to refer to the order issued by the President of France or the Prime Minister. Any such order shall not violate the French Constitution or the French Code of Law, and a party has the right to request a canceled order in the French State Council. Orders must be ratified by Parliament before they can be converted into legislative law. The special command known as dÃÆ' Â © cret-loi , literally "decree-acting" or "decree-law", is usually considered illegal under the 3rd and 4th Republic, finally removed and replaced by ordinances under the 1958 Constitution.
Except for the presiding power of the President (as stated in Article 16 of the 1958 Constitution, which is implemented only once so far), the executive may issue decisions in the areas to which the Constitution provides Parliamentary responsibility only if the law allows it to do so. In other cases, the order is illegal and, if anyone demands the order cancellation, it will be canceled by the State Council. There is a procedure for the Prime Minister to issue regulations in such areas, but this procedure requires the approval of Parliament (see Section 38 of the 1958 Constitution).
The order issued by the Prime Minister takes two forms:
- Orders ( dÃÆ'Â © crets simples );
- Order-in-council ( dÃÆ'Â © crets en Conseil d'ÃÆ'â €
), when a law mandates a consulting consultation from Conseil d'ÃÆ'â € ° tat .
Sometimes, people refer to and à © crets en Conseil d'ÃÆ'â € tat incorrectly as and  © crets du Conseil d'ÃÆ'â € tat . This would imply that it was the Conseil d'ÃÆ'â € tat who took the decision, while the powers of the decree were limited to the President or Prime Minister; the administrative role of Conseil is purely advisory.
Decisions can be classified into:
- Rules, which may be:
- Application decisions ( dÃÆ' Â © crets d'application ), each of which must be specifically authorized by one or more laws to specify some implementation provisions of this provision or this provision ; this is secondary legislation and roughly equivalent to British legal instruments;
- Autonomous rules ( rÃÆ'¨glement autonomes ), which can be taken only in areas where the French Constitution does not enact legislation (adopted by the Legislature); this is the main legislation;
- Special measures, such as the nomination of high-level civil servants.
Only the prime minister can issue rules or implementation decisions. Presidential decisions are generally nominations, or extraordinary measures in which law mandates presidential decisions, such as the dissolution of the French National Assembly and the calling of new legislative elections.
The results are published in the Journal Officiel de la RÃÆ'Â © publique Française or "French Gazette".
Catholic Church
A decree (Latin: decretum ) in the use of canonical law of the Catholic Church, it has many meanings. Any bull whale, Brief, or Motu Proprio is a decree because these documents are the legislative act of the Pope. In this sense the term is quite ancient. The earlier Roman congregations were empowered to issue decisions in matters under their specific jurisdiction, but were forbidden to continue to do so under Pope Benedict XV in 1917. Each ecclesiastical province, as well as every diocese could issue a decree in their periodic synod in the scope of authority.
Canon 29 from 1983 The Code of Canon Law offers a definition of a general decision:
A general decision, in which a competent legislator makes a general provision for a society capable of accepting the law, is the correct law and governed by canon provisions of the law.
Holy See
The Holy See uses papal decrees such as papal bulls, short papyrus or motu proprio as legislative acts.
Italy
According to clause 77 of the Italian Constitution, "The Government shall not, without the enabling action of the Houses, issue a decision of ordinary lawful power.When in exceptional cases the need and urgency of the Government adopts temporary measures which have the force of law, the same currently says measures for confirmation to Houses which, even if dissolved, will be summoned exclusively for this purpose and shall convene within five days.The defeat decision shall apply from their beginning if they are not confirmed within sixty days of their publications, however, Houses may be governed by legal legal relations arising from unconfirmed decisions. "
Effectiveness for sixty days produces immediate effects, giving rights or expectations whose legal basis is precarious, especially when the conversion law never intervenes.
Portugal
In Portugal, there are several types of decree (Portuguese: span lang = "pt"> "decretos", "dekreto" single ) issued by various sovereign bodies or by regional self-government bodies autonomous.
Currently, there are the following types of decisions:
- Decree-law (decreto-lei decree): is a legislative act issued by the Portuguese Government under its legislative authority as determined by Article 198 of the Portuguese Constitution;
- Regional legislative decree (decreto legislativo regional): is a regional law, issued by an autonomous regional legislature, in its powers defined by articles 227 and 233 of the Constitution;
- The decree of the President of the Republic (decreto do Presidente da RepÆ'bblica ): is a decision issued by the President of Portugal, to the ratification of an international treaty, the appointment or dismissal of a member of the Government or the exercise of other presidential powers defined in the Constitution;
- Decree (decreto decree ): is a law issued by the Government of Portugal to approve international agreements whose consent is not included in the competence of the Assembly of the Republic or has not been submitted to it or within the administrative jurisdiction of the Government laid down in Article 199 Constitution in relation to the law which requires this decision;
- Official rules ( decreto regulamentar ): is an act issued by the Government of Portugal, under the administrative jurisdiction set forth in Article 199 of the Constitution, to make the necessary rules for the proper implementation of the law and to take all actions and decisions necessary to promote economic and social development and to meet the needs of the community;
- Regional regulatory decisions (regional decreto regulamentar): is an act issued by the legislature or autonomous regional government, which regulates the proper implementation of regional legislative decisions;
- The decision of the representative of the Republic (decreto do representante da RepÃÆ'Â blica ): is the decision of the appointment or removal of members of the autonomous regional government, issued by a representative of the Republic for that region.
Iran
According to article 110 of the constitution, the supreme leader describes the general policy of the Islamic Republic.
Russian
After the Russian Revolution, a broad-based government proclamation was called a "decree" (Russian:? Dek, decree); A more specific proclamation is called ukaz . Both terms are usually translated as 'decree'.
According to the 1993 Constitution of the Russian Federation, an Ukaz is the President's decision. Such ukueles have the force of law, but may not alter the Russian constitution or existing laws, and may be replaced by laws passed by the Federal Assembly.
The Russian government may also issue a decision that is formally called the Decree (????????????) or the Order (???????????) and shall not conflict with the constitution/law or the president's decision.
Saudi Arabia
The royal decision is a legal source in Saudi Arabia.
Spanish
In Spain, the decree comes in a number of forms:
- Royal ruling
- Royal Decree
- Royal Legislative Decision
United States
In the use of US law, during the nineteenth and early twentieth centuries, the decision was an equity court order that defined the rights of the parties to the lawsuit, according to justice and a good conscience. Since 1938 the procedure of merging law and equity in federal courts under the Federal Rules of Civil Procedure, the term judgment (parallel terms in common law) generally supersedes decisions . This is now true in most state courts. The term decision already has a similar use in admiralty laws, validation letters, and divorce.
Decisions are often the final decision, but there are also in-between decisions. A final decision completely and ultimately decides all litigation, determines all questions raised by the case, and leaves nothing to require further judicial action; it can also be appealed. The in-stream decision is an interim or initial decision that is not final and does not fully determine the lawsuit, so some further process is required before the entry of the final decision. This can not usually be appealed, although an initial decision by a federal court may be appealed even if there is an interlocutory.
Maps Decree
Other uses of the term
In some jurisdictions, certain types of court orders by judges are referred to as decisions, e.g. divorce papers.
See also
- Approval decision
- Decree
- Official Communications of China Kingdom
- Warning to the throne
- Proclamation
- Rules by decision
- Re-listing
- Soviet decree
- Ukase
- Word
Note
References
- Executive decision authority , John M. Carey and Matthew Soberg Shugart, Eds., Cambridge University Press, 1998, ISBNÃ, 0-521-59722-6
External links
All external sites are in French unless otherwise noted.
- 1946 Constitution of the 4th Republic
- 1958 of the 5th Republican Constitution
Source of the article : Wikipedia
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