Delegated Decree Authority In Contemporary South America: Comparative Study of the Radical Left and Their Threat to the Rule of Law

Kerry Mohan, University of Wisconsin - Madison

Abstract

International attention regarding Executive decree authority within Latin America has significantly increased following Hugo Chávez’ 2007 enabling law in Venezuela. This attention has largely been negative, as the international media has often vilified Chávez for promulgating decrees with the force of law. What the international media has continually failed to discuss, however, is that Chávez’ form of decree authority, “delegated decree authority” or “DDA,” has been common throughout Venezuela’s history and most of South America. This article seeks to determine DDA’s prevalence within South America, and in particular Venezuela, Ecuador, and Colombia, and determine whether DDA poses a threat to the rule of law within these nations. By focusing on Hugo Chávez of Venezuela, Rafael Correa of Ecuador, and Alvaro Uribe of Colombia, we have a unique opportunity to see whether these charismatic leaders have used DDA to increase their lawmaking authority and consolidate powers within the Executive branch.