Legal rules are the set of rules made by the authority transferred to certain institutions by the State to regulate and organize the functioning of society . The best known type of legal rule is the law, but in addition to this it is not uncommon to hear about other types of rules 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 .

Analyzing both concepts

Before establishing the differences between law and decree, we will look at 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 fulfillment that tries to regulate the performance of the human being in the society. The law establishes the set of obligations and rights of all citizens in general, without exceptions, and its breach implies sanctions even if it is due to ignorance. It is the highest type of legal norm, being absolute. Laws are advocated and ratified by the legislative branch, and need to be approved by Congress in order to be implemented.

With regard to the decree, it is another type of legal rule that usually establishes the way in which the law is applied , usually by drafting a regulation. It is a subtype of legal rule and is therefore also mandatory, although it can be and must be modified in order to follow the legislation in force.

The drafting of decrees is often due to the imperative need to regulate a given situation as a matter of urgency. They are drawn up and implemented by the government. If a decree wants to become law, it must be ratified by Congress.

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 great differences, which we will now analyse.

1. Organ or power issuing it

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

2. Content

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

The decree aims to address an urgent situation and to establish how to act and the rules and regulations to be followed in such a situation (can be considered as a regulation).

3. Level of generalization

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 is drawn up in order to deal with a specific situation that must be resolved quickly .

4. Hierarchical arrangement

Law and decree, as legal norms that they are, must be respected and are obligatory. However, they do not maintain a relation of equality: in the hierarchy of the legal norms we would find first 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 case the law changes or a new law appears that contradicts the decree.

5. Stability or temporariness

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