The use and abuse of executive orders and royal decree-laws: a comparative study on unilateral Executive Power in the United States and Spain

Abstract

This article contributes to the research addressing the use of unilateral executive power in a comparative manner between the United States of America and Spain. Both countries have legal tools that allow the executive to legislate unilaterally, calling into question the principle of separation of powers. Based on Mayer and Santolaya’s studies on Executive Orders and Royal decree-laws respectively, we review and expand their findings with current data, in addition to applying a comparative analysis of these legal tools. Our hypotheses are that progressive governments tend to resort more frequently to these tools, especially during their first hundred days in office. Even more so, when governments have little support from their legislative branch. In this way, excessive use is made of executive legislation to promote the government’s political agenda, exceeding the intention with which executive orders and royal decree-laws were created by the constitutional legislators.