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Topic: Rule by decree

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	Al Jazeera English - News - Chavez Granted Rule By Decree
		Venezuela's congress has granted Hugo Chavez, the president, powers to rule by decree - enabling him to push through plans to nationalise key industries as part of his "socialist revolution".
		The president has already said that he will use the law to decree nationalisations of Venezuela's largest telecommunications company and the electricity sector, impose new taxes on the rich and greater state control over the oil and natural gas industries.
		In 2001, he decreed 49 laws including controversial agrarian reform measures and a law that sharply raised taxes on foreign oil companies operating in Venezuela.
	english.aljazeera.net /NR/exeres/4F370EFC-FA0E-41B7-B625-2AA4BED90740.htm (482 words)

	Rule by decree - Wikipedia, the free encyclopedia
		Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have pointed out how it has been generalized since World War I in all modern states, including representative democracies.
		While rule by decree is easily susceptible to the whims and corruption of the person in power, it is also highly efficient: a law can take weeks or months to pass in a legislature, but only seconds to create by a leader ruling by decree.
		As a result of this decree, Nazi authorities were able to constitutionally suppress or imprison their opposition, which in turn paved the way for the one-party rule of the Third Reich.
	en.wikipedia.org /wiki/Rule_by_decree (484 words)

	Utah Court Rules
		Rule 39 Trial by jury or by the court.
		Rule 50 Motion for a directed verdict and for judgment notwithstanding the verdict.
		Rule 63 Disability or disqualification of a judge.
	www.utcourts.gov /resources/rules/urcp/index.htm (293 words)

	FRCP - Notes to Rule 18 (LII 2004 ed.) (Site not responding. Last check: 2007-10-23)
		The provisions of this rule for the joinder of claims are subject to Rule 82 (Jurisdiction and Venue Unaffected).
		This rule is inserted to make it clear that in a single action a party should be accorded all the relief to which he is entitled regardless of whether it is legal or equitable or both.
		Rule 18(a) is now amended not only to overcome the Christianson decision and similar authority, but also to state clearly, as a comprehensive proposition, that a party asserting a claim (an original claim, counterclaim, cross-claim, or third-party claim) may join as many claims as he has against an opposing party.
	www.law.cornell.edu /rules/frcp/ACRule18.htm (1049 words)

	[No title]
		Rule 364.03 Timing of Hearing In the event the parties are unable to resolve the matter, a hearing shall be held no sooner than twenty (20) days after service of the summons and complaint or notice of motion and motion, unless the time period is waived by the parties.
		Rule 364.06 Explanation of Hearing Purpose and Procedure At the beginning of each hearing the child support magistrate shall explain the purpose of the hearing and the process and procedures to be used during the hearing.
		Rule 364.15 Close of Record The record shall be considered closed either at the conclusion of the hearing or upon the expiration date for submission by the parties of any additional documentation authorized or requested by the child support magistrate, whichever is later.
	www.courts.state.mn.us /rules/general/GRtitleIV.doc (16502 words)

	FRCP - Notes to Rule 54 (LII 2004 ed.) (Site not responding. Last check: 2007-10-23)
		Rule 54(b) was originally adopted in view of the wide scope and possible content of the newly created "civil action" in order to avoid the possible injustice of a delay in judgment of a distinctly separate claim to await adjudication of the entire case.
		This rule permitting appeal, upon the trial court's determination of "no just reason for delay," from a judgment upon one or more but less than all the claims in an action, has generally been given a sympathetic construction by the courts and its validity is settled.
		Rule 54(d)(2)(D) is revised to reflect amendments to Rule 53.
	www.law.cornell.edu /rules/frcp/ACRule54.htm (1945 words)

	Minnesota General Rules of Practice for the District Courts
		Rule 114 to attempt to accomplish resolution. The moving party shall certify to the court, before the time of the hearing, compliance with this rule or any reasons for not complying, including lack of availability or cooperation of opposing counsel. Whenever any pending motion is settled, the moving party shall promptly advise the court.
		The rule is amended in 2003 to include a reference to the requirement for paying a motion filing fee. A new statute in 2003 imposes a fee for “filing a motion or response to a motion in civil, family, excluding child support, and guardianship case.” See 2003 Minn.
		This rule is derived from Rule 7.01 of the Rules of Family Court Procedure and Second District Rule 2.09.
	www.courts.state.mn.us /rules/general/GRtitleIV.htm (3475 words)

	Feature on challenge to rule by royal decree (Site not responding. Last check: 2007-10-23)
		In a ruling at the weekend the appeals court, consisting of eight justices on loan from South Africa, found that Mswati's father, King Sobhuza, erred when he gave himself and future Swazi kings the power to rule by decree.
		Dlamini made an ultimatum to three high court judges this month that they would be fired if they did not drop the case of a mother suing the palace for the return of her teenage daughter, who was allegedly abducted to become Mswati's tenth wife.
		Decree No. 2, introduced last year, was an omnibus law that tried to curb the power of trade unions by making strikes virtually impossible.
	www.irinnews.org /print.asp?ReportID=31108 (917 words)

	[No title]
		Wife argues that the final decree is void because it was not endorsed by her counsel of record.
		Compliance with this rule and with Rule 1:12 may be modified or dispensed with by the court in its discretion.
		We have held that a decree that fails to comply with Rule 1:13 is void.
	www.courts.state.va.us /opinions/opncavtx/2433982.txt (2047 words)

	DIVORCE OR ANNULMENT OF MARRIAGE
		Rule 1920.42 Affidavit and Decree under section 3301(c) or 3301(d)(1) of the Divorce Code.
		RULE 1920.42 Affidavit and Decree under § 3301(c) or § 3301(d)(1) of the Divorce Code.
		If the party against whom the decree is to be entered has no attorney of record, the notice required by subdivision (d)(1) shall be accompanied by a form counter-affidavit substantially in the form prescribed by Rule 1920.72(e).
	members.aol.com /RulesPA/C.1920.html (4234 words)

	ACTION IN EQUITY
		Decrees, nisi or final, shall not recite or state at length any part of the pleadings or other proceedings in the action.
		(b) Decrees for the payment of money shall be a lien on the real estate of the defendant named in the decree in the manner, for the period and with the same effect as the lien of judgments rendered by the law side of the court.
		Costs shall follow the decree unless the court directs that they shall be paid in whole or in party by some other party to the action or out of a fund for distribution.
	members.aol.com /RulesPA/C.1501.html (2753 words)

	237 Pa. Code Rule 370. Consent Decree. (Site not responding. Last check: 2007-10-23)
		See 42 Pa.C.S. A consent decree is a device for placing an allegedly delinquent juvenile under supervision of the juvenile probation office prior to, and as an alternative to, adjudication, thus avoiding potential stigma attached to an adjudication of delinquency.
		Under this rule, it is expected that the attorney for the Commonwealth should consult with the juvenile probation officer before revoking the consent decree.
		The consent decree should only be revoked if the juvenile fails to meet the conditions of the program or new allegations have been filed against the juvenile.
	www.pacode.com /secure/data/237/chapter3/s370.html (335 words)

	Arkansas Court Rules & Administrative Orders
		Provided in HTML format and originally made available by permission of LEXIS Publishing™; post-1999 rule changes are incorporated by manual edits to the original text made by court staff.
		Rule 6 — Issuance of Summons in Lieu of Arrest Warrant
		Rule 21 — Joinder of Offenses and Defendants
	courts.state.ar.us /rules/index.html (584 words)

	Swaziland: King urged to reconsider decree (Human Rights Watch Press release, )
		We are deeply concerned by recent government actions that have sharply curtailed freedom of expression and undermine the independence of the judiciary and the rule of law in Swaziland.
		The most recent decree appears to use government control over the licensing of publications to censor speech critical of the government, and threatens the existence of the private press.
		We are also worried that this decree overturns previous decisions by the High Court of Swaziland that ruled bans on "The Nation" and "The Guardian" illegal.
	www.hrw.org /press/2001/07/swaziland-0710-ltr.htm (423 words)

	237 Pa. Code Rule 373. Conditions of Consent Decree. (Site not responding. Last check: 2007-10-23)
		Nothing in this rule is intended to prevent the juvenile probation officer from being the movant for consent decree.
		The procedures of Rule 344 are to be followed to ensure all parties are properly notified of the request and appropriate objections can be made.
		Rule 800 suspends 42 Pa.C.S. § 6340(c) only to the extent that there is an additional requirement that a motion is to be filed.
	www.pacode.com /secure/data/237/chapter3/s373.html (301 words)

	Rule 1920.42*(f) Form of Decree
		(1) The caption of the decree of divorce shall include the statutory grounds for the divorce.
		(2) The decree shall not retain jurisdiction of ancillary claims or convert spousal support to alimony pendente lite except in accordance with Bucks County Court Rule 1920.16*(a).
		(3) The decree shall incorporate a property settlement agreement only if one of the provisions of the agreement requests incorporation or if incorporation is requested in a separate written stipulation.
	www.buckscounty.org /courts/courtinfo/LocalRules/Rule1920.42f.aspx (73 words)

	Rule 13.Decree of Termination. (Site not responding. Last check: 2007-10-23)
		A decree terminating parental rights may be entered after a voluntary relinquishment pursuant to AS 25.23.180.
		If the relinquishment was signed in the presence of the court, findings also must be entered as to whether the parent understood the consequences of the relinquishment, and whether the relinquishment was voluntarily signed.
		These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System.
	www.touchngo.com /lglcntr/ctrules/adopt/ADPT-12.htm (263 words)

	NLCPI January Watch Report, Volume XXI, Number ONE
		Thus it is disturbing to see the current administration not just surrendering to the impulse to rule by decree but embracing it avidly, stretching scraps of existing authority into power to pursue basic social and economic policies that could not survive the gauntlet of legislative and public scrutiny through which legislation must pass.
		Whatever its genesis or occasional necessity, rule by decree is a dangerous procedure, antithetical to the basic values of representative democracy.
		EPA proposed a rule to reinstate the one-hour ozone standard that it had revoked in connection with the promulgation of its new, stricter eight-hour standard.
	www.nlcpi.org /books/watch45/jlwrxxi01.htm (6935 words)

	Haiti: Street demonstrations against Aristideâs rule by decree
		Haiti: Street demonstrations against Aristideâs rule by decree
		There should have been parliamentary elections in 2003 but they were not held.
		Instead, as from 12 January, Aristide rules by decree.
	www.socialistworld.net /eng/2004/01/14haiti.html (720 words)

	News: Central African Republic, Central African Republic: Prime minister declares rule by decree a success
		Following a request from the prime minister's office, the CAR National Assembly had authorised Bozize to rule by decree from 1 January to 31 March.
		Dote said the rule by decree also allowed the government to "have a clear idea of the salary mess of state employees and how to bring it under control".
		In terms of good governance and the management of the civil service, Dote said, the rule by decree was aimed at ensuring accountability at all levels of government; guaranteeing transparency; facilitating the participation of all citizens in the governance process and ensuring that the judiciary performed effectively.
	www.reliefweb.int /rw/RWB.NSF/db900SID/KKEE-6QLR78?OpenDocument (582 words)

	Decree - Wikipedia, the free encyclopedia
		The word decree (décret) is used as a legal term to describe the most important executive decisions from the President or Prime Minister of France.
		Decree-laws, usually considered an illegal practice under the 3rd and 4th Republic, were finally replaced by the ordinance procedure since the 1958 constitution.
		In some jurisdictions, certain types of court orders by judges are referred to as decrees.
	en.wikipedia.org /wiki/Decree (563 words)

	Peru - The President
		In practice, the constitutional president had even more power, as he had a remarkable amount of freedom to rule by decree.
		Hernando de Soto, an adviser to the Fujimori government, stated in October 1988 that 95 percent of Peruvian laws were passed by presidential decree.
		As the president could bypass Congress with relative ease and rule by decree, power was even more centralized in the persona of the chief executive.
	countrystudies.us /peru/72.htm (531 words)

	NIGERIA
		8 According to the timetable, a new constitution was to have been approved by the Provisional Ruling Council (prc), the military cabinet (which is paired by a civilian Federal Executive Council, fec), by the fourth quarter (October - December) 1995.
		Whether the political parties requested these postponements of their own accord or were instead asked by the government to "rubber stamp" its pronouncements is a subject of controversy.
		In fact, the tribunals under both programs consist of five persons with the same credentials, namely a chairman who is a serving or retired judicial officer of any of the superior courts of record and four other members, one of whom is a serving member of the armed forces.
	www.hrw.org /reports/1997/nigeria/Nigeria-02.htm (4061 words)

	The Newly Revised Rule for Domican Laity
		Joyfully I give you the text of the Rule of the Lay Fraternities of Saint Dominic, which has very recently (Jan. 15, 1987) been definitively approved by the Congregation for Religious and Secular Institutes.
		Let this Rule be in your hearts and in your fraternities as a gospel ferment to nourish holiness and promote the apostolate together with the whole Dominican Family.
		It is his task to maintain intact the Dominican spirit, to establish practical rules according to the demands of the circumstances of time and place and to promote the spiritual good and apostolic zeal of members.
	www.integrity.com /homes/mgross/rule.html (1374 words)

	WHKMLA History of Society and Constitution : Rule by Decree
		The politicians who switched from rule through parliament to rule by decree did so to ensure the country having a government capable to act.
		Except in the case of Germany's Heinrich Bruening, these politicians enjoyed considerable support, as many understood the necessity of rule by decree.
		Most parliamentary-democracies-turned-dictatorships-ruled-by-decree had in common mistrust of the social democratic parties and their militias, a mistrust not without legitimation as not few among the social democrats not too long ago had advocated the revolution.
	www.zum.de /whkmla/const/constexp/rulebydecree.html (272 words)

	freedomforum.org: Swaziland king issues 'draconian decree' to ban opposition press
		News reports noted that the decree eliminates bail for a range of crimes, including robbery, rape and holding illegal public demonstrations, and that accused persons in Swaziland can wait as long as three years to be put on trial.
		The Swaziland Solidarity Network, an umbrella group of activists opposed to the king's rule, attacked the decree as an insult to everyone who supports peace, democracy and freedom.
		Swaziland's Attorney General Phesheya Dlamini has defended the decree and dismissed claims that it amounts to the creation of a state of emergency as "unmitigated nonsense," claiming that the "legislation seeks to clarify certain issues that have been of concern as to what's the exact position of the law."
	www.freedomforum.org /templates/document.asp?documentID=14264 (555 words)

	The Ohio Art Company: Consent Decree
		A copy of the current Rule is attached hereto as "Appendix A" and incorporated herein as if fully set forth verbatim.
		In the event the Rule is hereafter amended or modified, defendant's compliance with that Rule so amended or modified shall not be deemed a violation of this injunction.
		Defendant, and its successors and assigns, within five (5) days from the date of entry of this Consent Decree, shall delete all personal information collected from every child through the www.etch-a-sketch.com website at any time from April 21, 2000 through the date of entry of this Consent Decree.
	www.ftc.gov /os/2002/04/ohioartconsent.htm (921 words)

	The Rule of St. Benedict (Site not responding. Last check: 2007-10-23)
		Let their natural weakness be always taken into account and let the strictness of the Rule not be kept with them in respect to food, but let there be a tender regard in their behalf and let them eat before regular hours.
		In the election of an Abbot let this always be observed as a rule, that he be placed in the position whom the whole community with one consent, in the fear of God, or even a small part, with sounder judgment, shall elect.
		We decree that no one be permitted to excommunicate or to strike any one of his brethren, unless the Abbot hath given him the authority.
	www.kansasmonks.org /RuleOfStBenedict.html (16340 words)

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