Skip to main content


What Is the Best Definition of Enabling Act

By 2022-04-16No Comments

The German word for an enabling law is the enabling law. It usually refers to the enabling law of March 23, 1933, which became a cornerstone of Adolf Hitler`s seizure of power. In the United States, at the national level, an „enabling statute“ is a law enacted by the United States Congress that authorizes the people of a territory to formulate a draft state constitution as a step toward 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. The first enabling legislation was enacted on August 4, 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 legislation was also common in other countries. The Reichstag had to be informed and had the right to abolish a decree based on the enabling law. This ensured that the government used its rights carefully and only in rare cases was a decree abolished. Parliament retains its right to legislate. [1] 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 allowing the president to rule by decree on certain issues. [24] Pérez has issued more than 3,000 decrees within the framework of the powers conferred on him.

[25] With its 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. These enabling laws were unconstitutional, as the Weimar Constitution did not provide for the possibility for one body (parliament) to transfer its rights to another (government). But constitutionalists accepted them because they were created with a two-thirds majority, the same majority as for constitutional amendments. The government had managed to rally these majorities by threatening to demand emergency dictatorial presidential decrees. In March 1924, the Reichstag wanted to discuss the abolition of the decrees (granted by the enabling law of February of the same year). President Friedrich Ebert sacked parliament to avoid discussions and abolitions. [Citation needed] In mid-2000, a similar law allowed Hugo Chávez to enact laws for a year on economic issues, reorganization of ministries and crime. Chávez did not use this law until shortly before it expired, when he passed 49 decrees in rapid succession, many of which were highly controversial.

[26] [27] [28] In 2007, a new enabling law granted President Chávez 18-month powers and gave the president the possibility to rule by decree on certain economic, social, territorial, defense and scientific issues, as well as on transport control, rules of participation of the population and rules for the government of state institutions. [29] 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. Enabling Act of February 24, 1923, which was originally limited to June 1, but until June 31. The cabinet was allowed to resist the occupation of the Ruhr region. [2] There was an enabling law on 13 October 1923 and an enabling law on 8 December 1923, which was to apply until the dissolution of the Reichstag on 13 March 1924. [3] In 1966, Oswald Mosley advocated a government of national unity composed of „professions, science, trade unions and managers, businessmen, housewives, services, universities, and even the best politicians.“ This coalition would be a „hard center“ that would also push Parliament to pass an enabling bill to end what Mosley called „the tedious obstruction of the current process.“ He also claimed that Parliament would still retain the power to remove his government by a vote of no confidence if its policies failed or if it tried to „suspend fundamental British freedoms“. [12] In the 1930s, both Sir Stafford Cripps and Clement Attlee advocated enabling legislation that would allow a future Labour government to pass socialist laws that would not be altered by normal parliamentary procedures and the House of Lords. .

Close Menu

T: +37065060974