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Encyclopedia > Enabling Act

An enabling act is a piece of legislation by which a legislature grants an entity which depends on it for authorization or legitimacy to take a certain action(s). It is important not to confuse enabling acts from different times & places, since their effect varies widely. Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ...

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In Germany

An Enabling Act (Ermächtigungsgesetz in German) was passed by Germany's parliament (the Reichstag) on March 23, 1933. It was the second major step after the Reichstag Fire Decree through which the Nazis obtained dictatorial powers using largely legal means. The Act enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag. The formal name of the Enabling Act was Gesetz zur Behebung der Not von Volk und Reich ("Law to Remedy the Distress of the People and the State"). The Enabling Act (Ermächtigungsgesetz in German) was passed by Germanys parliament (the Reichstag) on March 23, 1933. ... The Reichstag (German for Imperial Diet) was the parliament of the Holy Roman Empire, the North German Confederation, and of Germany until 1945. ... March 23 is the 82nd day of the year in the Gregorian Calendar (83rd in leap years). ... Year 1933 (MCMXXXIII) was a common year starting on Sunday. ... A German newspapers final issue, announcing its own prohibition (Verbot) by the police authorities on the basis of the Reichstag fire decree The Reichstag Fire Decree (Reichstagsbrandverordnung in German) is the common name of the decree issued by German president Paul von Hindenburg in direct response to the Reichstag... National Socialism redirects here. ... A dictatorship is an autocratic form of government in which the government is ruled by a dictator. ... Hitler redirects here. ... Volk is a German (and Dutch) word meaning people or folk. It is commonly used as prefix in words such as Volksentscheid (plebiscite) or Völkerbund (League of Nations), or the car manufacturer Volkswagen (literally, peoples car). A number of völkisch movements were set up in Germany after...   (IPA: ; German: IPA: ), is the German word for realm or empire, cognate with Scandinavian rike/rige, Dutch rijk and English ric as found in bishopric. ...


In Venezuela

In Venezuela, enabling laws allowing the President to rule by decree in selected matters have been granted to Carlos Andrés Pérez (1974),[1] Jaime Lusinchi (1984)[2] and Ramón José Velásquez (1993)[3]. In mid 2000 a similar law enabled Hugo Chávez to legislate on issues related to the economy, reorganization of government ministries, and crime for one year. Chávez did not take advantage of this act until shortly before its expiration, when he passed 49 decrees in rapid succession, many of them highly controversial.[1][2][3] Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs. ... Carlos Andrés Pérez Rodríguez (born October 27, 1922), best known as CAP was President of Venezuela from 1974 to 1979 and again from 1989 to 1993. ... Jaime Lusinchi (born May 27, 1924) was a Venezuelan political figure. ... Ramon Jose Velasquez (born 1916) was a Venezuelan political figure. ... Hugo Rafael Chávez Frías (IPA: ) (born July 28, 1954) is the 53rd[1] and current President of Venezuela. ...


A new enabling act was requested by President Chávez which, if granted, would give the president the ability to rule by decree over certain economic, social, territorial, defense, and scientific matters as well as control over transportation, regulations for popular participation, and rules for governing state institutions. [4]


In the United Kingdom

In the 1930s, both Sir Stafford Cripps and Clement Attlee advocated an enabling act to allow a future Labour government to pass socialist legislation which would not be amended by normal parliamentary procedures and the House of Lords. According to Cripps, his "Planning and Enabling Act" would not be able to be repealed, and the orders made by the government using the act would not be allowed discussion in Parliament.[5] Cripps also suggested measures against the monarchy, but quickly dropped the idea.[6] The Right Honourable Sir Richard Stafford Cripps (April 24, 1889 - April 21, 1952), British Labour politician, was born in London, the son of a Conservative member of the House of Commons who late in life, as Lord Parmoor, joined the Labour Party. ... Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, FRS, PC (3 January 1883 – 8 October 1967) was Prime Minister of the United Kingdom of Great Britain and Northern Ireland from 1945 to 1951. ... The Labour Party has been, since its founding in the early 20th century, the principal political party of the left in the United Kingdom. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to social control. ... This article is about the British House of Lords. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The British Monarchy is a shared monarchy. ...


In 1966, Oswald Mosley advocated a government of national unity drawn from "the professions, from science, from the unions and the managers, from businessmen, the housewives, from the services, from the universities, and even from the best of the politicians". This coalition would be a "hard centre" oriented one which would also get Parliament to pass an Enabling Act in order to stop "time-wasting obstructionism of present procedure", as Mosley described it. He also claimed that Parliament would always retain the power to dismiss his government by vote of censure if its policies failed or if it attempted to "override basic British freedoms".[7] Sir Oswald Ernald Mosley, 6th Baronet (November 16, 1896 – December 3, 1980), was a British politician known principally as the founder of the British Union of Fascists. ... Censure is a process by which a formal reprimand is issued to an individual by an authoritative body. ...


In early 2006, the highly controversial yet little-publicised Legislative and Regulatory Reform Bill was introduced to Parliament. This Bill, if enacted into law, would have enabled Government ministers to amend or repeal any legislation (including the L&RR Bill itself), subject to vague and highly subjective restraints, by decree and without recourse to Parliament. The Bill was variously been described as the "Abolition of Parliament Bill" (The Times) and "...of first-class constitutional significance... [and would] markedly alter the respective and long standing roles of minister and Parliament in the legislative process" (House of Lords Constitutional Committee, reported in [4]. The Bill is, in essence, an Enabling Act in all but name. The Legislative and Regulatory Reform Bill (LRRB) is a bill brought before the British House of Commons in early 2006 to replace the Regulatory Reform Act 2001 (RRA). ...


After some amendment by the government and Lords, the Legislative and Regulatory Reform Bill received Royal Assent on 8 November 2006.[5] Amendments included removing its ability to modify itself or the Human Rights Act 1998; most of the other modifications were much more subjectively defined. The Legislative and Regulatory Reform Bill (LRRB) is a bill brought before the British House of Commons in early 2006 to replace the Regulatory Reform Act 2001 (RRA). ... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... November 8 is the 312th day of the year (313th in leap years) in the Gregorian Calendar, with 53 days remaining. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. ...


In the United States

An enabling act, in reference to the admission of new states into the Union, is legislation passed by Congress authorizing the people of a territory to frame a constitution. The act also lays down the requirements that must be met as a prerequisite to statehood. These Acts have usually been titled "An Enabling Act for a State of (Name)". A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... Type Bicameral Houses Senate House of Representatives President of the Senate Dick Cheney, R, since January 20, 2001 Speaker of the House Dennis Hastert, R, since January 6, 1999 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of January 4, 2005 elections) Democratic Party Republican Party... United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters (around islands or continental tracts). ...


Enabling acts of the United states includes

The Alaska Statehood Act, signed by President Dwight D. Eisenhower on July 7, 1958, allowing Alaska to enter the Union on January 3, 1959. ... In April 1959, Hawaii Delegate John A. Burns prepared to slice the Hawaii Statehood Cake at Capitol Hill with Democrat Congressmen D. S. Saund of California, James Haley of Florida and Al Ullman of Oregon. ... The Enabling Act of 1802 was made into law on April 30, 1802 by the Seventh Congress of the United States. ... Official language(s) None Capital Columbus Largest city Columbus Largest metro area Cleveland Area  Ranked 34th  - Total 44,825 sq mi (116,096 km²)  - Width 220 miles (355 km)  - Length 220 miles (355 km)  - % water 8. ... The Northwest Territory, also known as the Old Northwest and the Territory North West of the Ohio, was a governmental region within the early United States. ... The Enabling Act of 1889 is a United States law enabling North Dakota, South Dakota, Montana, and Washington to form state governments and to gain admission as states of the union. ... Official language(s) English Capital Bismarck Largest city Fargo Area  Ranked 19th  - Total 70,762 sq mi (183,272 km²)  - Width 210 miles (340 km)  - Length 340 miles (545 km)  - % water 2. ... Official language(s) English Capital Pierre Largest city Sioux Falls Area  Ranked 17th  - Total 77,163 sq mi (199,905 km²)  - Width 210 miles (340 km)  - Length 380 miles (610 km)  - % water 1. ... This article or section does not cite its references or sources. ... Official language(s) None Capital Olympia Largest city Seattle Area  Ranked 18  - Total 71,342 sq mi (184,824 km²)  - Width 240 miles (385 km)  - Length 360 miles (580 km)  - % water 6. ...

References

  1. ^ Historia de Venezuela en Imágenes. Capítulo VIII 1973 /1983. La Gran Venezuela. La experiencia democrática 1958 / 1998. Fundación Polar. Retrieved on 2007-01-21.(Spanish)
  2. ^ El tema: Historia democrática venezolana. Globovisión (2006-11-28). Retrieved on 2007-01-21.(Spanish)
  3. ^ Ramón José Velásquez Mújica. Centro de Investigación de Relaciones Internacionales y desarrollo (2006-09-21). Retrieved on 2007-01-21.(Spanish)
  4. ^ Finkelstein, Daniel. "How I woke up to a nightmare plot to steal centuries of law and liberty", The Times, 2006-02-15. Retrieved on 2007-01-16.
  5. ^ Legislative and Regulatory Reform Bill receives Royal Assent, Press release CAB066/06 from the Cabinet Office, 8 November 2006.

  Results from FactBites:
 
Enabling Act (652 words)
The Enabling Act (in German: Ermächtigungsgesetz), passed by the Reichstag on March 23, 1933, was the second major step after the Reichstag Fire Decree through which the Nazi dictatorship was established legally.
As with most of the laws passed in the process of Gleichschaltung, the Enabling Act is quite short, considering its consequences.
While there had been previous enabling acts in the history of the Weimar Republic, this one was far more reaching since Article 2 allowed for changing the constitution as well.
Enabling Act - Wikipedia, the free encyclopedia (2310 words)
The Enabling Act (Ermächtigungsgesetz in German) was passed by Germany's parliament (the Reichstag) on March 23, 1933.
Historians, notably Klaus Scholder, have maintained that a key reason for the leadership of the Centre Party agreeing to support the Enabling Act was a promise from Hitler to negotiate the Reichskonkordat with the Vatican, a treaty that formalised the position of the Catholic church in Germany.
During the cabinet conference on the Enabling Act, von Hindenburg's representative stated that the aged president was withdrawing from day-to-day affairs of government and that presidential collaboration on the laws decreed as a result of the Enabling Act would not be required.
  More results at FactBites »

 
 

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