Uso y abuso del decreto-ley

Authors

  • Estanislao Arana García

Keywords:

Decree-law (or royal decree), disproportionate use, breach of the principle of separation of powers, singular law, breach of the fundamental right to judicial review

Abstract

The decree-law (or royal decree) is a source of law that might be exceptional and limited in use. The government’s powers to issue such regulations with force of law should be exercised only in cases of true and authentic «extraordinary and urgent need». Nevertheless, the economic crisis that we are currently facing is forcing, by the central and regional governments, to accomplish a disproportionate use of this kind of rules and, therefore, is getting contrary to the constitutional principles, meanly the rule of law and parliamentary system in modern democracies. But this is also leading to the revitalization of an institution that should have a minimal presence, «singular law» through decree-law which is living a second youth affecting, among others, the human right to the judicial review.

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION