The 5 differences between law and decree

Legal norms are the set of norms made by the authority ceded to certain institutions by the State to regulate and organize the functioning of society. The best known type of legal norm is the law, but in addition to this it is not uncommon to hear about other types of norms and regulations such as decrees.

For people outside the legal world, it can sometimes be difficult to distinguish between the two concepts. That is why in this article we present the main differences between law and decree.

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Analyzing both concepts

Before establishing the differences between law and decree, we are going to observe a brief definition of each of them in order to understand their concept and as a basic introduction to their differences.

We understand by law a type of legal norm of obligatory compliance that intends to regulate the actions of the human being in society. The law establishes the set of obligations and rights of all citizens in general, without exceptions, and non-compliance entails sanctions even if it is due to ignorance. It is the type of legal norm of the highest rank, being absolute. Laws are advocated and ratified by the legislature, requiring approval by Congress to be carried out.

As far as the decree is concerned, it is another type of legal norm that usually establishes the way in which the law is applied, usually drawing up a regulation. It is a subtype of legal norm, which is also mandatory, although it can be modified and in fact must be done in order to follow current legislation.

The elaboration of decrees is usually due to the urgent need to regulate a certain situation urgently. The government is responsible for its development and implementation. If a decree wants to become law, it must be ratified by Congress.

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Main differences between law and decree

Law and decree have several similarities, as we can deduce from their definition. However, it is also possible to observe the existence of large differences, which we will analyze below.

1. Organ or power that issues it

One of the points in which law and decree differ is the type of body or power that issues or dictates it, which in turn will cause them to present other differential characteristics. The law will always be elaborated and ratified by the legislature.. However, in the case of the decree, it is proposed and applied by the executive branch (that is, the government).

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2. Content

Although both concepts have as their main objective to govern and manage the behavior and operation of society, the truth is that the law and the decree tend to differ slightly in terms of their content. While the law establishes what must be done or not, the decree indicates how it must be carried out.

The decree aims to address an urgent situation and establish how to act and the norms and rules to follow in said situation (they can be considered as a regulation).

3. Generalization level

The laws are decreed with the intention of governing and organizing the actions of society in general, affecting various situations and actions. However, the decree It is elaborated in order to deal with a specific situation that must be solved quickly..

4. Hierarchical ordering

Law and decree, as legal norms that they are, must be respected and are mandatory. However, they do not maintain a relationship of equality: in the hierarchy of legal norms we would first find the law and just after it the decrees (unless it is a decree-law, in which case it would have the same rank as the law).

The decree will never be able to contradict the law, having to be repealed or modified in the event that it changes or a new law appears that contradicts the decree.

5. Stability or temporality

Similarly, although both laws and decrees can be modified, they have different levels of stability. A decree is usually temporary in order to deal with the situation that generates it. however a law It is made with the intention that it will last over time., requiring for its modification or withdrawal that other laws annul or replace it.