outline legislation. The term, in any case, refers essentially to reform inside a
system, rather than being a description of a system from its outset. As a policy,
decentralization appeals particularly to centrist parties in Europe, and is
beginning to seem rather dated as the liberal consensus of the 1960s and
1970s declines in importance. In others, however, notably Italy, strains in
central government and doubts of its competence have actually re-invigorated
decentralist trends. As national unity in many countries comes under pressure
from regional or subcultural identities, formerly completely unitary countries
like the United Kingdom have allowed major devolutionary changes. (See also
centralization, federalism.)
Decree
A decree is a legal rule or regulation, having all the power of parliamentary
legislation, but issued directly by a minister or department of state under direct
authority granted either by aconstitutionor enabling legislation. They are a
particular feature of continental European constitutional law, particularly in
France. The constitution of the FrenchFifth Republicwas intended to limit
parliamentary power, and thus the ability to make binding law in many areas
had to be transferred to the administrative branch of government. This is a
rather wider transfer of power away from an elected body than is to be found in
common lawsystems. Althoughparliamentary governmentin the United
Kingdom often allows ministers to add details to legislation, these have to be
presented to Parliament, which could alter them; the French National Assem-
bly, in contrast, does not have the power to query a minister about decrees.
The real difference is one of subjective tone. Decree carries with it the
suggestion of autocratic power, suggesting a superior administrative or govern-
mental judgment which is not to be challenged by the public. There is a
stronger sense than with the law that the people have decided, however
indirectly, to bind themselves to some behaviour out of their own concern
for the common good. However intangible they may be, these subjective
distinctions are important, not only in indicating differences in perspectives on
regulatory power between the European civil lawand Anglo-American
common law systems, but also in explaining why European attitudes to
governmental power, especially in France and Italy, often involve seeing the
state as a hostile and disinterested body. However, problems of parliamentary
instability, or difficulties in getting parliamentary majorities make some
recourse to decrees inevitable at times. Italy, again, is an example of a country
forced at times to rely heavily on such governmental instruments, as are several
of the new East European democracies, notably Romania.
Decree