What Is Meant by Enabling Law


With the 1949 Constitution, there were no enabling laws in the Federal Republic of Germany. The Constitution stipulates that it can only be amended by an explicit change in wording. Germany feared revolution. Therefore, the consolidation of Nazi power was based on maintaining the illusion of a stable democracy. This essentially meant that the Nazis used the atmosphere of panic after the Reichstag fire to propose the law of full powers. Once the Enabling Act went into effect, the Nazis were able to bypass the Reichstag and rule by decree – apparently creating laws that stabilized Germany and eliminated its “internal enemies.” In reality, the laws introduced by the Nazis secured their future as the only ruling party in Germany. An enabling clause is a clause or provision of a law or constitution that gives government officials the power to enact and enforce the law. The Nazis immediately used the Enabling Act to abolish civil rights. This, along with the elimination of other individual freedoms, meant that the Nazis could now imprison their political opposition indefinitely for any reason or no reason. The enabling legislation allowed them to do so under the guise of legality.

As such, the Nazis justified this measure as the implementation of necessary security measures, rather than revealing its true motive – to eliminate opposition. In 1966, Oswald Mosley advocated a government of national unity composed of “the liberal professions, academics, trade unions and managers, businessmen, housewives, services, universities and even the best politicians.” That coalition would be a “tough middle” that would also push Parliament to pass enabling legislation to end what Mosley called “the time-consuming obstructionism of the current process.” He also said Parliament would still retain the power to remove his government by a vote of no confidence if his policies failed or if he tried to “suspend basic British freedoms”. [12] The German word for enabling legislation is “enabling legislation”. It usually refers to the Enabling Act of March 23, 1933, which became a cornerstone of Adolf Hitler`s seizure of power. In mid-2000, a similar law allowed Hugo Chávez to legislate for a year on issues of economy, reorganization of ministries and crime. Chávez took advantage of this law just before it expired, when he issued 49 decrees in rapid succession, many of which were highly controversial. [26] [27] [28] In 2007, a new enabling law granted President Chávez powers for 18 months, giving the president the ability to decide by decree on certain economic, social, territorial, defense, and scientific issues, as well as traffic control, rules for popular participation, and rules for the administration of state institutions. [29] An enabling act is an act by which a legislative body gives a body dependent on it (in terms of authorisation or legality) the power to take certain measures.

For example, enabling laws often establish government agencies to implement certain government policies in a modern country. The effects of enabling actions at different times and places vary considerably. In the United States, at the national level, an “enabling act” is a law enacted by the United States Congress that empowers the population of a territory to formulate a draft state constitution as a step towards admission to the Union. Each law describes the mechanism by which the territory is admitted as a State after the ratification of its Constitution and the election of State representatives. In Venezuela, Rómulo Betancourt (1959),[20] Carlos Andrés Pérez (1974),[21] Jaime Lusinchi (1984),[22] Ramón José Velásquez (1993)[23] and Rafael Caldera (1994) obtained enabling laws that allow the president to govern by decree in certain matters. [24] Pérez issued more than 3,000 decrees within the limits of his powers. [25] In the 1930s, both Sir Stafford Cripps and Clement Attlee advocated enabling legislation that would allow a future Labour government to pass socialist legislation that would not be changed by normal parliamentary procedures and the House of Lords. According to Cripps, his “Planning and Enabling Act” could not be repealed, and decrees issued by the government enforcing the law would not be allowed to be debated in parliament.

Cripps also proposed measures against the monarchy, but soon abandoned the idea. [11] The German word Ermächtigungsgesetz generally refers to the Enabling Act of 1933, officially the law for the remedy of the fate of the people and the Reich. It became a cornerstone of Adolf Hitler`s seizure of power. Unlike, for example, the Wilhelm Marx Enabling Act of December 1923, Hitler`s Law: the Enabling Laws had set a bad and dangerous example, but for the government they had the advantage of appearing less unconstitutional and dictatorial than presidential decrees. Parliament was able to favour these laws because they were only valid for a limited period of time and usually involved some form of cooperation (e.g., through a special committee of the House). In the Weimar Republic (1919-1933) there were several enabling laws: three in 1919, one in 1920 and one in 1921, three in 1923, one in 1926 and one in 1927. The Enabling Act of 24 February 1923, initially limited to 1 June but extended until 31 October, authorised the cabinet to resist the occupation of the Ruhr. [2] On October 13, 1923, there was a law of full powers and on December 8, 1923, an enabling law, which remained in force until the dissolution of the Reichstag on October 13, 1923. March 1924. [3] The first enabling legislation dates from 4 August 1914, shortly after the outbreak of the First World War. With the vote of the Social Democrats, the Reichstag agreed to give the government certain powers to take the necessary economic measures during the war. Such enabling laws were also common in other countries.

The Reichstag had to be informed and had the right to repeal an ordinance based on the Enabling Act. This has allowed the government to put its rights to good use and only in rare cases has an order-in-council been abolished. Parliament has retained its right to legislate. [1] At the state government level, state enabling laws allow local courts to enact laws on specific matters on behalf of the state. For example, many states passed their own version of the Standard State Zoning Enabling Act, which allowed communities to regulate land use with local zoning laws. Other enabling legislation has allowed municipalities to establish free zones, impose impact charges or set up public services. See below for amendments to the U.S. Constitution with enabling clauses and their respective enabling clauses: These enabling laws were unconstitutional because the Weimar Constitution did not provide for the possibility for one body (parliament) to transfer its powers to another (government). But the constitutional experts accepted them because they were adopted by a two-thirds majority, the same majority as the constitutional amendments. The government had managed to rally these majorities by threatening to demand dictatorial emergency presidential decrees (usually called emergency decrees). In March 1924, the Reichstag wanted to discuss the repeal of the ordinances (which was promulgated by the Enabling Act of February of the same year). President Friedrich Ebert dismissed parliament to avoid discussion and abolition.

[ref. needed] While Article I, Section 8 of the Constitution gave Congress the power to allow all the legal requirements of the 1791 Constitution, it is rightly seen as a list of powers rather than an enabling clause.