Regulations

Regulations

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Regulations are normative acts issued by the Executive branch^[1]They are characterised by abstraction, generality and imperativeness. They serve to detail higher normative acts and are mainly limited by constitutional and legal frameworks. Classifications include regulatory, delegated, autonomous and independent types, ranging in scope from internal administrative effects to general external effects. They can be spontaneous or provoked, and cover various levels of governmental competence, including federal, state, municipal and territorial. Autonomous regulations directly explain the Constitution^[2] and constitute primary normative acts, while independent regulations also interpret constitutional provisions. The principle of legality prevails in contemporary constitutional systems, ensuring that regulations operate within defined legal limits. Academic work by authors such as Francisco, Leal and Velloso has contributed to understanding the complex nature and function of regulatory mechanisms.

Terms definitions

1. ↑ Executive branch ( Executive Power ) The executive branch is a fundamental component of democratic governance, responsible for the day-to-day administration of the state. In presidential systems, the president serves simultaneously as head of state, head of government and leader of the public administration, typically elected directly by citizens. Parliamentary systems differ, with executive power depending on parliamentary support and often featuring separate roles for head of state and head of government. The concept of executive power stems from the principle of the separation of powers, first conceptualised by Aristotle and developed by Montesquieu, aimed at distributing authority and preventing the concentration of power. The organisational structure varies between systems, but the fundamental responsibilities include enforcing the laws passed by the legislature and implementing judicial interpretations. Historically, this division emerged prominently during the French Revolution, contrasting with previous systems where power was centralised in a single individual.

2. ↑ Constitution ( Constitution ) Constitutions are fundamental legal documents that define government structures, rights and principles. They can be rigid or flexible, existing at national, regional or local levels, and are created by a sovereign constituent power. Constitutional reforms are typically carried out by a derived constituent power with specific limitations. Key features include protecting fundamental rights, establishing state mechanisms and maintaining legal supremacy. Control mechanisms ensure constitutional compliance through diffuse and concentrated review processes. Most democratic constitutions are developed through constituent assemblies and include provisions that protect core normative elements. International influences, particularly from the American and French revolutions, have shaped modern constitutional theory. Notably, some constitutions such as India's are extensively detailed, with hundreds of articles and amendments. The principle of constitutional unity emphasises the harmonious interpretation of legal principles, resolving potential conflicts through balanced approaches.

Regulations (Wikipedia)

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Regulations are normative acts of the Executive branchwith abstraction, generality, impersonality, imperative e innovationwhose purpose is to unfold or detail a normative act superior. Produced through the exercise of regulatory power (or regulatory function), the most common forms of regulations are the decrees regulatory, but can also take the form of a resolution or other modalities, and can unfold constitutional precepts of full and contained effectiveness and primary legislative acts (complementary laws, ordinary laws, delegated laws, provisional measures, legislative decrees e resolutions).

Regulations differ from legislative acts produced by the executive not because of their subject matter, but because legislative acts usually require the prior or subsequent participation of the legislature. Although regulations are acts of the Public Administrationare not to be confused with the administrative acts (these have concrete, specific and usually individual content). Regulations are always limited by the normative act in light of which they are issued (especially by the Constitution and the laws).

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