What is Decree:
A decree is any administrative provision that comes from a higher authority or power composed of rules or regulations
Depending on the legislation of each country, a decree can be issued directly by the president, by the prime minister or by the Council of State.
The word decree comes from Latin decree which means "official sentence, decision or order" and is generally made up of rules or regulations. In hierarchical terms, a decree is considered to have a lower rank than a law.
Types of decrees
Some decrees are designed to protect the interests of countries when faced with various situations such as, for example, states of emergency or in cases where a regulation is urgently needed and there is no time to carry out a process that implies its authorization.
Likewise, the preparation and action of a decree depends on the legislation of each country. Below are different types of decrees.
It is a decree issued directly by the executive branch, it has the status of law (which is why it modifies an existing law) and for its approval the authorization of the congress is not required.
These types of decrees are created in emergency situations, in which there is no time to obtain the validation of the legislative power. They are also issued in cases where there is a de facto government.
Decree of necessity and urgency
In Chile, there is this type of decree that allows the president of the country to make payments that are not authorized by law, in order to face unexpected events such as natural catastrophes, situations that put at risk the paralysis of basic services or attacks on national security.
Decree in Council of State
It is a rule that is adopted after it has passed through the Council of State in the countries that have this figure. The Councils of State are the supreme advisory bodies of the government or, failing that, they act as the highest-ranking institution in administrative litigation.
There are councils of state in which decrees cannot be issued, but it is possible to know or ignore the constitutionality of a decree.
In Spain, a royal decree is a legal rule issued by the legislative power. According to the Spanish constitution, royal decrees cannot regulate certain matters, since it is the competence of the laws. Royal decrees are signed by the king and approved by the prime minister.