The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections Presidential Decrees/Executive Orders What is the purpose of presidential decrees/executive orders? Executive orders are legally-binding directives to an executive agency by the president or other executive acting within his or her constitutional authority. Presidential decrees are similar to executive orders in that they are legally binding and issued by the president or executive; however, they constitute a broader category in that they are not necessarily directed to an executive agency. They allow the president or executive to enact certain types of laws without having to gain approval from the legislature. The procedures governing both will most likely be found in the state’s constitution and are usually specific on the limits of executive power. Who drafts presidential decrees/executive orders? Executive orders and decrees are generally drafted by the legal and drafting experts in the president’s office. They may also be prepared by a government department and then approved by the executive. Afghanistan: Elections under Presidential Decree Elections in Afghanistan in 2009 were administered under a law issued by presidential decree. The president had the authority to issue the decree, although it was subject to the power of rejection by both houses of Parliament. The Wolesi Jirga (lower house) rejected the decree, but the Meshrano Jirga (upper house) concluded that it could not consider the decree as the constitution barred lawmakers from amending election laws “during the last 12 months of the legislative term.” Therefore, the decree stood as valid for the 2009 elections. New electoral laws were passed by the Wolesi Jirga and Meshrano Jirga in 2013, ahead of the 2014 presidential and parliamentary elections. What is the source of a presidential decrees/executive orders’ authority? The constitution normally enumerates those matters on which the president may make orders. Defense emergencies are obvious examples. Appointments of certain senior officials and some foreign military actions are other examples where presidential order or decree is used. In the electoral sphere, members of a national EMB are appointed by decree in some countries, sometimes following a wider nomination and selection process. Sometimes a decree may be used to rectify a lack of action by a legislature, if the president believes there is an urgent public interest at stake. The president may then issue a legislative decree on the subject. Legislative decrees and some other presidential decisions, such as certain appointments, are subject to the later ratification by the legislative branch. These cases often cause political controversy. Refusing to sign a law passed by the national legislature (a veto) is another form of presidential order that may be authorized by a constitution. Countries vary in the balance of authority between the legislature and the president. Who interprets and enforces presidential decrees/executive orders? Like statutes, orders and decrees are initially enforced by the state enforcement authority – the police – followed by prosecution in the courts. 11