Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group, and is used primarily by dictators, absolute monarchs and military leaders. The expression is also sometimes used when describing actions of democratic governments that are perceived to unduly bypass parliamentarian or popular scrutiny. Rule by decree allows the ruler to arbitrarily edit law, without approval by a legislative assembly. When a state of emergency, such as martial law, is in place, 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 can be edited with ease by a leader ruling by decree. This is what makes it valuable in emergency situations. Thus, it is allowed by many constitutions, including the French, Argentine, Indian and Hungarian constitutions.
The most prominent example in history is the Reichstag Fire Decree. German PresidentPaul 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. The ensuing state of exception, which suspended the Constitution without repealing it, lasted until the end of the Third Reich in 1945.
Decrees in non-dictatorial regimes
Some democratic leaders, such as the presidents of Mexico, France and Argentina may rule by decree in national emergencies, subject to constitutional and other legal limitations. In the case of France this power has been used only once, by Charles de Gaulle in 1961 during the Algerian War. 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 they are far more limited in scope and generally subject to judicial review.
Ireland's Emergency Powers Act allows the government to rule by decrees called Emergency Powers Orders in any aspect of national life, if the parliament invokes the emergency clause in Article 28 of the Constitution. The Act however allows the lower house to void specific EPOs in a free vote or end the state of emergency at any time.
n President Hugo Chávez was granted executive power by the National Assembly to rule by decree multiple times throughout his tenure, passing hundreds of laws. Chávez ruled Venezuela by decree in 2000, 2001, 2004, 2005, 2006, 2007, 2008, 2010, 2011 and 2012. Between 2004 and 2006 alone, Chávez declared 18 "emergencies" to rule by decree. Chávez's successor, Nicolás Maduro, has also ruled by decree multiple times since he was elected in April 2013. President Maduro has ruled Venezuela by decree for the majority of the period from 19 November 2013 through 2018.
Giorgio Agamben's critique of the use of decrees-law
Italian philosopher Giorgio Agamben has claimed that there has been an explosion in the use of various types of decrees since World War I. According to him, this is the sign of a "generalization of the state of exception".
