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{{Short description|Edict or proclamation usually issued by a head of state}}
[[File:Casimir The Great Decree.jpg|thumb|Royal Polish Decree issued by [[Casimir III the Great]]]]
A '''decree''' is a [[law|legal]] [[proclamation]], usually issued by a [[head of state]], [[judge]],<ref>{{Cite web |title=decree |url=https://www.law.cornell.edu/wex/decree |access-date=2024-06-22 |website=LII / Legal Information Institute |language=en}}</ref> [[monarch|royal figure]], or other relevant [[Authority|authorities]], according to certain procedures. These procedures are usually defined by the [[constitution]], [[Legislative Law|Legislative laws]], or [[customary law]]s of a [[government]].

==Belgium==
{{Main|Decree (Belgium)}}
In [[Belgium]], a decree is a law of a [[Communities, regions and language areas in Belgium|community or regional]] [[parliament]], e.g. the [[Flemish Parliament]].

==Catholic Church==
{{canon law}}
{{main|Decree (canon law)|Canon law (Catholic Church)}}
{{see also|Decretal|Decretum Gratiani}}
A decree ([[Ecclesiastical Latin|Latin]]: ''decretum'') in the usage of the [[canon law (Catholic Church)|canon law]] of the [[Catholic Church]] has various meanings. Any [[papal bull]], [[papal brief|brief]], or [[motu proprio]] is a decree inasmuch as these documents are legislative acts of the [[pope]]. In this sense, the term is quite ancient. The [[Roman Congregations]] were formerly empowered to issue decrees in matters which come under their particular jurisdiction but were forbidden from continuing to do so under [[Pope Benedict XV]] in 1917.<ref>René Metz, ''What is Canon Law?''</ref> Each [[ecclesiastical province]] and also each [[diocese]] may issue decrees in their periodical [[synods]] within their sphere of authority.

While in a general sense all documents promulgated by an ecumenical council can be called decrees, in a specific sense some of these documents, as at the [[Second Vatican Council]], were called more precisely constitutions or declarations.<ref>{{Cite web|url=https://www.vatican.va/archive/hist_councils/ii_vatican_council/index.htm|title=Documents of the Second Vatican Council|website=www.vatican.va|access-date=2019-02-06}}</ref>

Canon 29 of the 1983 Code of Canon Law defines general decrees:
{{blockquote|General decrees, by which a competent legislator makes common provisions for a community capable of receiving a law, are true laws and are regulated by the provisions of the canons on laws.<ref>[http://www.intratext.com/IXT/ENG0017/_P4.HTM Canon 29], [[1983 Code of Canon Law]]; accessed 30 March 2016.</ref>}}

===Holy See===
{{main|Law of Vatican City|Decretal|Decree (canon law)}}
{{see also|Canon law (Catholic Church)}}
The [[Holy See]] uses decrees from the [[pope]] such as  [[papal bull]], [[papal brief]] or [[motu proprio]] as legislative acts.<ref>{{cite encyclopedia|access-date=2007-02-17|encyclopedia=[[Catholic Encyclopedia]]|url=http://www.newadvent.org/cathen/04670a.htm|title=Decree}}</ref>

==France==
{{See also|Politics of France}}
The word {{lang|fr|décret}}, literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French [[President of France|President]] or [[Prime Minister of France|Prime Minister]]. Any such order must not violate the [[Constitution of France|French Constitution]] or [[Civil Code of France|Civil Code]], and a party has the right to request an order be annulled in the French [[Conseil d'Etat (France)|Council of State]]. Orders must be ratified by Parliament before they can be modified into legislative Acts. Special orders known as {{lang|fr|décret-loi}}, literally "decree-act" or "decree-law",<ref>[http://dictionary.reference.com/browse/decree-law "decree-law"] in the Random House Dictionary.</ref><ref>[http://www.merriam-webster.com/dictionary/decree-law "decree-law"] in the Merriam-Webster Dictionary.</ref> usually considered an illegal practice under the 3rd and 4th Republic, were finally abolished and replaced by the regulations under the 1958 Constitution.

Except for the reserve powers of the President (as stated in Art. 16 of the 1958 Constitution, exercised only once so far), the executive can issue decrees in areas that the Constitution grants as the responsibility of Parliament only if a law authorizes it to do so. In other cases, orders are illegal and, should anyone sue for the order's annulment, it would be voided by the Council of State. There exists a procedure for the Prime Minister to issue [[ordonnance|ordinances]] in such areas, but this procedure requires Parliament's express consent (see Art 38 of the 1958 Constitution).

Orders issued by the Prime Minister take two forms:
* Orders ({{lang|fr|décrets simples}});
* Orders-in-council ({{lang|fr|décrets en Conseil d'État}}), when a statute mandates the advisory consultation of the [[Council of State (France)|Council of State]].

Sometimes, people refer to {{lang|fr|décrets en Conseil d'État}} improperly as {{lang|fr|décrets du Conseil d'État}}. This would imply that it is the Council of State that makes the decree, whereas the power of decreeing is restricted to the president or prime minister; the role of the administrative sections of the council is purely advisory.

Decrees may be classified into:
* [[Regulation]]s, which may be:
** Application decrees ({{lang|fr|décrets d'application}}), each of which must be specifically authorized by one or more [[statute]]s to determine some [[implementation]] conditions of this or these statutes; these constitute [[secondary legislation]] and are roughly equivalent to British [[statutory instruments]];
** Autonomous regulations ({{lang|fr|règlements autonomes}}), which may be taken only in areas where the Constitution does not impose statute law (passed by the [[Legislature]]); these constitute [[primary legislation]];
* Particular measures, such as the nomination of high-level [[French Civil Service|civil servants]].

Only the prime minister may issue regulatory or application decrees. Presidential decrees are  generally nominations or exceptional measures where the law mandates a presidential decree, such as the dissolution of the [[French National Assembly]], the calling of new legislative elections, and the grant of the title [[Marshal of France]].

Decrees are published in the {{lang|fr|[[Journal Officiel de la République Française]]}} (''French Gazette'').

==Italy==
{{main|Law of Italy}}
According to clause 77 of the [[Italian Constitution]],

{{blockquote|
The Government may not, without an enabling act from the Houses [of Parliament], issue decrees having the force of ordinary law.

When in extraordinary cases of necessity and urgency the Government adopts provisional measures having the force of law, it must on the same day present said measures for confirmation to the Houses which, even if dissolved, shall be extraordinally summoned for this purpose and shall convene within five days.

The decrees lose effect from their inception if they are not confirmed within sixty days from their publication. The Houses may however regulate by law legal relationships arising out of unconfirmed decrees.}}

The effectiveness for sixty days produces the effects immediately, giving rights or expectations whose legal basis was precarious, especially when the conversion law never intervened.<ref>{{cite journal|last1=Buonomo|first1=Giampiero|title=Sanatoria del condono decaduto: a favore dei centri di recupero ma a rischio di incostituzionalità|journal=Diritto&Giustizia Edizione Online|date=2000|url=https://www.questia.com/projects#!/project/89286997|access-date=2016-03-17|archive-date=2012-08-01|archive-url=https://web.archive.org/web/20120801002834/http://www.questia.com/projects#!/project/89286997|url-status=dead}}</ref>

==Portugal==
{{main|Law of Portugal}}
In Portugal there are several types of decree ({{langx|pt|decreto}}) issued by the various bodies of sovereignty or by the bodies of local government of [[autonomous regions of Portugal|autonomous regions]].

{{As of|2022}}, there are the following types of decree:
# Decree-law ({{langx|pt|decreto-lei}}): is a legislative act issued by the [[Government of Portugal]] under its legislative powers defined by Article 198 of the [[Constitution of Portugal|Portuguese Constitution]];
# Regional legislative decree ({{langx|pt|decreto legislativo regional}}): is a regional law, issued by the legislative assembly of an autonomous region, within its powers defined by articles 227 and 233 of the Constitution;
# Decree of the President of the Republic ({{langx|pt|decreto do Presidente da República}}): is a decree issued by the [[President of Portugal]], for the ratification of international treaties, the appointment or dismissal of members of the Government or to exercise other presidential powers defined in the Constitution;
# Decree ({{langx|pt|decreto}}): is an act issued by the Government of Portugal to approve an international agreement whose approval is not within the competence of the [[Assembly of the Republic (Portugal)|Assembly of the Republic]] or has not been submitted to it or within the Government administrative jurisdiction laid down in Article 199 of the Constitution in relation to a statute that requires this decree;
# Regulatory decree ({{langx|pt|decreto regulamentar}}): is an act issued by the Government of Portugal, under its administrative jurisdiction laid down in Article 199 of the Constitution, to make the necessary regulations for the proper execution of the laws and to take all actions and decisions necessary to promote economic and social development and to meet the community needs;
# Regional regulatory decree ({{langx|pt|decreto regulamentar regional}}): is an act issued by the legislature or the government of an autonomous region, regulating the proper implementation of regional legislative decrees;
# A decree from the representative of the Republic ({{langx|pt|decreto do representante da República}}): is the decree of appointment or removal of members of the government of an autonomous region, issued by the representative of the Republic for that region.

==Iran==
[[File:Ali Khamenei first presidency decree by Rohullah Khomeini (3).jpg|thumb|9 October 1981, [[Jamaran]], [[Tehran]]; [[Ruhollah Khomeini]] as [[supreme leader of Iran]] signs presidential decree of [[Ali Khamenei]].]]
According to article 110 of the [[Constitution of the Islamic Republic of Iran|constitution]], the [[Supreme Leader of Iran|Supreme Leader]] delineates the general policies of the Islamic Republic.

==Russia==
{{main|Decree of the President of Russia}}
After the [[Russian Revolution of 1917|Russian Revolution]], a government proclamation of wide meaning was called a "decree" ({{lang|ru|декрет}} {{Transliteration|ru|dekret}}); a more specific proclamation was called an {{lang|ru|указ}} {{Transliteration|ru|ukaz}}. Both terms are usually translated as 'decree'.

According to the [[Constitution of Russia|Russian Federation's 1993 constitution]], an {{Transliteration|ru|[[ukaz]]}} is a presidential decree. Such an {{Transliteration|ru|ukaz}} has the force of law, but may not alter the Russian constitution or the regulations of existing laws, and may be superseded by laws passed by the [[Federal Assembly of Russia|Federal Assembly]].

The [[Government of Russia]] can also issue decrees [[Order of the Government of Russia|formally called Decisions]] ({{lang|ru|Постановления}} {{transliteration|ru|Postanovleniya}} or Orders ({{lang|ru|Распоряжения}} {{transliteration|ru|Rasporyazheniya}}) and may not contradict the constitution/laws or presidential decrees.

==Saudi Arabia==
Royal decrees, along with the [[Sharia]], are the sources of law in the Kingdom of Saudi Arabia.

==Spain==
In Spain, decrees come in several forms:
* [[Real decreto|Royal decree]]
* [[Royal Decree-Law (Spain)|Royal Decree-Law]]
* [[Royal Legislative Decree (Spain)|Royal Legislative Decree]]

==Turkey==
The decree law ([[Turkish language|Turkish]]: ''Kanun Hükmünde Kararname, KHK'') in Turkey is a type of [[Legal instrument|legislative instrument]] issued by the [[Government of Turkey|government]], based on the authority granted either by a specific [[enabling act]] from the [[Legislature|legislative body]] or directly from the [[Constitution of Turkey|Constitution]]. These decrees have the force of law in a material sense and acquire formal and organic legal power upon the approval of the parliament. According to Article 87 of the 1982 Constitution of Turkey, granting the [[Cabinet of Turkey|Council of Ministers]] the authority to issue decree laws on specific matters is included in the duties and powers of the [[Grand National Assembly of Turkey]].<ref>{{Cite book |last=KAVLAKOĞLU |first=Erdoğan |url=http://www.ydk.gov.tr/sayi_3_5.htm |title=KANUN HÜKMÜNDE KARARNAME KAVRAMI VE TÜRK ANAYASASINDA KANUN HÜKMÜNDE KARARNAMELERİN YERİ |publisher=Yüksek Denetleme Kurulu |year= |archive-url=https://web.archive.org/web/20060206164432/http://www.ydk.gov.tr/sayi_3_5.htm#s39 |archive-date=February 6, 2006}}</ref>

Article 91 of the Constitution also regulates the issuance of decree laws. It states:<blockquote>"The Grand National Assembly of Turkey may delegate the power to issue decree laws to the Council of Ministers. However, with the exception of [[martial law]] and [[State of emergency|states of emergency]], the [[fundamental rights]], [[Individual and group rights|individual rights and duties]], and [[Civil and political rights|political rights and duties]] listed in the first and second sections of the second part of the Constitution cannot be regulated by decree laws."</blockquote>Decree laws in Turkey are categorized into two types: ordinary and extraordinary. Ordinary decree laws are issued by the Council of Ministers and require an enabling act from the Grand National Assembly. They cannot regulate fundamental rights, individual rights and duties, or political rights and duties. Extraordinary decree laws, on the other hand, are issued by the Council of Ministers under the presidency of the [[President of Turkey|President]]. They do not require an enabling act from the Grand National Assembly and can regulate any area, provided they fulfill obligations arising from [[international law]]. Decree laws are subject to both political scrutiny by the parliament and judicial review by the [[Constitutional Court of Turkey|Constitutional Court]].<ref>{{Cite book |last=TAN |first=Turgut |url=https://dergipark.org.tr/tr/download/article-file/36462 |title=TÜRK HUKUKUNDA KANUN HÜKMÜNDE KARARNAME UYGULAMASI VE SORUNLAR |publisher=[[Ankara Universitesi]] Siyasal Bilgiler Fakultesi, Ogretim Uyesi}}</ref>

Following the approval of the [[2017 Turkish constitutional referendum|2017 constitutional amendment referendum in Turkey]] and the [[2018 Turkish general election|2018 general elections]], which led to the election of the President by [[direct election|popular vote]], Article 91 of the Constitution was repealed. With this change, decree laws were replaced by Presidential Decrees ([[Turkish language|Turkish]]: ''Cumhurbaşkanlığı Kararnameleri, CBK'') in the new system.<ref>{{Cite journal |last=Taşdöğen |first=Salih |date=2016-09-01 |title=Cumhurbaşkanlığı Kararnameleri |url=https://dergipark.org.tr/tr/pub/auhfd/issue/42369/510262 |journal=Ankara Üniversitesi Hukuk Fakültesi Dergisi |volume=65 |issue=3 |pages=937–966 |doi=10.1501/Hukfak_0000001827 |issn=1301-1308|doi-access=free |hdl=11424/258964 |hdl-access=free }}</ref>

==United Kingdom==
{{main|Order-in-Council}}
In the [[United Kingdom]], Orders-in-Council are either primary legislation deriving their authority from the [[royal prerogative]], promulgated by the Privy Council in the name of the Monarch; or secondary legislation, promulgated by a minister of the Crown using the authority granted by an act of Parliament or other primary legislation. Both are subject to [[Judicial review in English law|judicial review]], the former with some exceptions.<ref>{{Cite EB1911 |wstitle= Decree |volume= 7 |page=915 |short=1}}</ref>

==United States==
{{main|Law of the United States}}
In US legal usage, during the 19th and early 20th centuries, a '''decree''' was an order of a [[court of equity]] determining the rights of the parties to a suit, according to equity and good conscience. Since the 1938 procedural merger of law and equity in the federal courts under the Federal Rules of Civil Procedure, the term ''judgment'' (the parallel term in the common law) has generally replaced ''decree''. This is now true also in most state courts.<ref>{{cite book |last1=Lehman |first1=Jeffrey |last2=Phelps |first2=Shirelle |title=West's Encyclopedia of American Law, Vol. 4 |date=2005 |publisher=Thomson/Gale |location=Detroit |isbn=9780314201577 |page=38 |edition=2}}</ref> The term ''decree'' is broadly treated as synonymous with ''judgment''.<ref>{{cite journal |last1=Matulewska |first1=Aleksandra |title=Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy |journal=Studies in Logic, Grammar and Rhetoric |date=1 June 2016 |volume=45 |issue=1 |pages=161–174 |doi=10.1515/slgr-2016-0022|s2cid=123298982 |doi-access=free }}</ref>

A decree is often a final determination, but there are also interlocutory decrees. A ''final decree'' fully and finally disposes of the whole litigation, determining all questions raised by the case, and it leaves nothing that requires further judicial action; it is also appealable. An ''interlocutory decree'' is a provisional or preliminary order that determines issues of fact or law in advance of a final decree, but leaves other issues to be resolved and thus does not resolve the litigation.<ref>{{cite journal |last1=Brunsman |first1=Robert H. |title=Decrees and Their Enforcement |journal=University of Illinois Law Forum |date=1954 |volume=51 |page=41}}</ref> It is usually not appealable, although preliminary injunctions by federal courts are appealable even though interlocutory.<ref>[https://www.law.cornell.edu/wex/preliminary_injunction Cornell Law School], Legal Information Institute.</ref>

[[Executive order]]s, which are instructions from the President to the executive branch of government, are decrees in the general sense in that they have the force of law, although they cannot override statute law or the Constitution and are subject to judicial review. Governors of individual states may also issue [[state executive order]]s.

==See also==
* [[Consent decree]]
* [[Edict]]
* [[Fatwa]]
* [[Firman]]
* [[Official Communications of the Chinese Empire]]
** [[Memorial to the throne]]
* [[Proclamation]]
* [[Rule by decree]]
* [[Rescript]]
* [[Soviet Decree]]
* [[Ukase]]

==Notes==
<references />

==References==
* ''Executive decree authority'', John M. Carey and Matthew Soberg Shugart, Eds., Cambridge University Press, 1998, {{ISBN|0-521-59722-6}}

==External links==
{{Commons category|Decrees}}

''All external sites in French unless otherwise noted.''
* [http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/la-constitution/les-constitutions-de-la-france/constitution-de-1946-ive-republique.5109.html 1946 Constitution of the 4th Republic]
* [http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/la-constitution/la-constitution-du-4-octobre-1958/texte-integral-de-la-constitution-de-1958.5074.html 1958 Constitution of the 5th Republic]

{{Law}}

{{Authority control}}

[[Category:Sources of law]]
[[Category:Decrees| ]]