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Agenda Power, Executive Decree Authority, and the Mixed Results of Reform in the Brazilian Congress
Author(s) -
PEREIRA CARLOS,
POWER TIMOTHY J.,
RENNÓ LUCIO R.
Publication year - 2008
Publication title -
legislative studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.728
H-Index - 54
eISSN - 1939-9162
pISSN - 0362-9805
DOI - 10.3162/036298008783743309
Subject(s) - presidential system , decree , executive power , constitution , legislature , delegation , legislation , political science , power (physics) , public administration , separation of powers , executive branch , law , politics , physics , quantum mechanics
This article examines how institutional change in the use of extraordinary legislation affects delegation of power and unilateral action in new democracies. From 1988 to 2001, Brazilian presidents were able to reissue decrees indefinitely and thus had substantial legislative power. In 2001, Congress amended the constitution so as to restrict the president to a single reissue of each lapsed decree. This reform has had mixed results: although it ended the practice of infinite reissues, it induced Presidents Cardoso and Lula to use more decrees than previous executives had. Presidential agenda power, rather than being reduced, has been sharpened. By analyzing patterns of presidential initiatives from 1995 to 2005, we demonstrate the mixed results of this constitutional reform.