The ''Real decreto'' (
Spanish
Spanish might refer to:
* Items from or related to Spain:
**Spaniards are a nation and ethnic group indigenous to Spain
**Spanish language, spoken in Spain and many countries in the Americas
**Spanish cuisine
**Spanish history
**Spanish culture
...
for "Royal decree"), in
Spanish law
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
Characterist ...
, is a provision approved by the
Prime Minister of Spain
The prime minister of Spain, officially president of the Government (), is the head of government of Spain. The prime minister nominates the Spanish government departments, ministers and chairs the Council of Ministers (Spain), Council of Mini ...
or by the
Council of Ministers
Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
, adopted by virtue of its regulatory power. As such, it is hierarchically inferior to the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, although superior to
other regulatory norms. The adjective "royal" refers to the fact that, although agreed by the
Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
, it is always signed by the
King
King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
.
While the royal decree is the work of the
executive branch
The executive branch is the part of government which executes or enforces the law.
Function
The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
, the law is the work of the
legislative branch
A legislature (, ) is a deliberative assembly with the authority, legal authority to make laws for a Polity, political entity such as a Sovereign state, country, nation or city on behalf of the people therein. They are often contrasted with th ...
. For its part, the royal decree must be issued by the president or the full Government, while other types of regulations, such as the
ministerial order
A ministerial decree or ministerial order is a decree by a Ministry (government department), ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are u ...
, can be approved by a
single-person body.
However, the content must not be confused with the form of approval: the administrative acts of the Council of Ministers also take the form of a royal decree, which is, therefore, the form in which the act takes place, but its content has no normative force.
See also
*
Letters patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...
*
Royal Decree-Law (Spain) A Royal Decree-Law is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of th ...
*
Royal Legislative Decree (Spain) A Royal Legislative Decree is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and complian ...
References
Law of Spain
Sources of law
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