Some consequences of the abusive use of the Decree Law by the state and regional executives

Abstract

The leading role of the State and regional executives in the legislative function through decree-laws has altered the balance of powers and the checks and balances that characterises our constitutional system. The Constitutional Court has been cautious in its control of the powers of the Government and has shown deference to it, but has been more demanding in its control of the powers of the regional executives, partly because the minorities in these parliaments do not have the standing to challenge them. Likewise, the legal shield created by some decree-laws has repercussions on the right to judicial protection, affecting the ability of citizens to defend themselves judicially against regulations with decree-laws.