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Rule by decree


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, 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 create law, without approval by a legislative assembly.

When states of emergency such as martial law are 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 created with the stroke of a pen by a leader ruling by decree. This is what makes it valuable in emergency situations. Thus, it is allowed by many constitutions, among which is the French Constitution, Argentine Constitution, Indian Constitution, etc. U.S. presidential executive orders share some similarities with rule by decree. In Romania Nicolae Ceausescu by 1974 was the Communist Party Leader as well as the Head of State (President). By this time he could dismiss and appoint High Court Judges, meaning that he essentially ruled by decree.

One of the first examples of rule by decree was in the ancient Roman Republic when, after the assassination of Julius Caesar in 44 BC, his successor, Gaius Octavian (Augustus), general Mark Antony and succeeding pontifex maximus Aemilius Lepidus seized power in the Second Triumvirate, officially recognized by the senate by the Lex Titia decree. The resolution, which gave the three 'triumvirs' authoritarian powers for five years, was enacted and reinstated consecutive in 38 BC. It finally collapsed in 33/32 BC, after the downfall of Lepidus, leading to the Final war of the Roman Republic and the total collapse of republican government.


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