Revista Brasileira de Ciências Sociais
On-line version ISSN 1806-9053
CAREY, John M. and SHUGART, Matthew. Poder de decreto: Chamando os tanques ou usando a caneta?. Rev. bras. Ci. Soc. [online]. 1998, vol.13, n.37, pp.149-184. ISSN 1806-9053. http://dx.doi.org/10.1590/S0102-69091998000200009.
Executives frequently make policy by decree, by passing standard legislative procedures. Political scientists have been troubled by this process, particularly in presidential systems, where executives frequently do not enjoy the support of legislative majorities, and therefore where policy making by decree may entail the usurpation of legislative authority. We offer a theory of the conditions under which legislators should be expected to tolerate - and perhaps even prefer - policy making by decree rather than through the regular legislative process. A number of factors affect legislative preferences on decree, including the strength of the executive's veto, the independence of the constitutional court, the difficulty of amending the Constitution, the existence and cohesiveness of legislative majority parties or coalitions, and the urgency of policy issues. We conclude that the practice of executive decree by itself does not necessarily imply that legislatures are marginalized from policy making.
Keywords : Executives; Presidents; Legislatures; Decree authority; Political institutions.