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{{Short description|Act of law enabling an agency such as an executive branch to take actions}}
{{For|the act establishing
{{Use dmy dates|date=
An '''enabling act''' is a piece of [[legislation]] by which a [[legislative body]] grants an entity which depends on it (for authorization or [[Legitimacy (
== Germany ==
The German word for an enabling act is
=== Acts of 1914–1927 ===
The first enabling act is dated from 4 August 1914 just after the [[German entry into World War I]]. With the vote of the [[Social Democratic Party of Germany|Social Democratic Party]], the [[Reichstag (German Empire)|Reichstag]] (the [[German Empire]]'s parliament) agreed to give the government certain powers to take the necessary economic measures during the war. Such enabling acts were also common in other countries. The Reichstag had to be informed, and had the right to abolish a decree based on the enabling act. This ensured that the government used its rights with care and only in rare cases was a decree abolished. The parliament retained its right to make law.<ref>{{cite book |first=Ernst Rudolf |last=Huber
In the [[Weimar Republic]] (1919–1933), there were several enabling acts: three in 1919, one in 1920
Most of them had a temporal limit but only vague thematic limits. On the basis of these acts, a vast number of decrees were signed with enormous importance for social and economic life, the judicial system, and taxes. For example, the reform of [[Currency of Germany|German currency]] in response to [[Hyperinflation in the Weimar Republic|hyperinflation]], the merger of the
These enabling acts were unconstitutional, as the Weimar constitution did not provide the possibility that one organ (parliament) would transfer its rights to another one (executive government). But constitutional experts accepted them because they came into existence with a two-thirds majority, the same majority as for constitutional changes. The government had succeeded in gathering those majorities by threatening to call for presidential emergency dictatorial decrees (
In later years, governments failed to gather two-thirds of majorities since the radicalization of the [[Conservative Revolution|revolutionary national-conservative]] [[German National People's Party]] in 1928 and the [[Adolf Hitler's rise to power|rise of the
The enabling acts had set a poor and dangerous example, but for the government, they had the advantage that they appeared less unconstitutional and dictatorial compared to presidential decrees. Parliament could prefer those acts because they were valid only for a limited time and included mostly a kind of cooperation (e.g. via a special house committee).
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=== Enabling Act of 1933 ===
{{Main|Enabling Act of 1933}}
The German word
* was limited to four years, not several months;
* enabled government not only to create decrees, but even laws and treaties with other countries;
*
*
*
In comparison to the situation of the 1920s, Hitler's [[Nazi Party]] and his coalition partner the [[German National People's Party|DNVP]] did have a parliamentary majority since the [[March 1933 German federal election|general elections of 3 March 1933]].<ref>Sylvia Eilers: ''Ermächtigungsgesetz und militärischer Ausnahmezustand zur Zeit des ersten Kabinetts von Reichskanzler Wilhelm Marx 1923/1924'', PhD thesis Cologne 1987, Cologne 1988, p. 163.</ref> Those elections and then the voting in the [[Reichstag (Weimar Republic)|Reichstag]] were carried out in a climate of intimidation and violence carried out by [[Weimar paramilitary groups|right-wing paramilitary groups]] such as the Nazi ''[[Sturmabteilung]]''. On 23 March, the [[Communist Party of Germany]] were already banned and imprisoned, the Social Democrat delegates were the only ones present in the Reichstag to vote against, while the Centre and moderate-right parties voted yes in order to prevent "worse".▼
▲In comparison to the situation of the 1920s, Hitler's
The Enabling Act of 1933 was renewed by a purely [[Reichstag (Nazi Germany)|Nazi Reichstag]] in 1937 and 1939. In 1941 and 1943, it was renewed by decree, though without temporal limit in 1943. Although it states that it is valid only for the duration of the current Hitler government of 1933, it remained in force even after major changes of ministers. In any case, Hitler called the cabinet together only very rarely after the first months of 1933. The last cabinet meeting happened in 1937. He preferred to govern via decrees and personal orders.▼
▲The Enabling Act of 1933 was renewed by a purely [[Reichstag (Nazi Germany)|Nazi Reichstag]] in 1937 and 1939. In 1941 and 1943, it was renewed by decree, though without
=== Federal Republic ===
== United Kingdom ==
=== Act of 1919 ===
{{Main|Church of England Assembly (Powers) Act 1919}}
The [[Church of England Assembly (Powers) Act 1919]] ([[9 & 10 Geo. 5]]. c. 76) gave a considerable degree of self-government to the [[Church of England]] while retaining overall parliamentary supervision. Before its passing, almost all adjustments to the legal structure of the Church of England had involved getting a specific bill through Parliament.<ref>{{cite dictionary |last1=Cross
The
The
=== Proposals ===
In the 1930s, both Sir [[Stafford Cripps]] and [[Clement Attlee]] advocated an enabling act to allow a future [[Labour Party (UK)|Labour]] government to pass [[socialism|socialist]] legislation which
During the [[Great Depression in the United Kingdom|Great Depression]] and [[World War II]], [[Oswald Mosley]]'s [[British Union of Fascists]] pledged to enact an enabling act establishing a [[Corporatism|corporatist]] [[dictatorship]] if it were allowed to form a government. It would have totally [[Nationalization|nationalized]] the economy into a [[State-owned enterprise|national corporation]] with 25 affiliates represented in the government through a reformed [[House of Lords]], abolished the [[House of Commons of the United Kingdom|House of Commons]]' legislative authority, and
=== Legislative and Regulatory Reform Act 2006 ===
{{Main|Legislative and Regulatory Reform Act 2006}}
In early 2006 the
== United States ==
In the United States at the national level, an "enabling act" is a [[statute]] [[wikt:enacted|enacted]] by the [[United States Congress]] authorizing the people of a [[Organized incorporated territories of the United States|territory]] to frame a proposed [[State constitution (United States)|state constitution]] as a step towards [[admission to the Union]]. Each act details the mechanism by which the territory will be admitted as a state following ratification of their constitution and election of state officers.
Enabling acts can contain restrictions, such as the prohibition of [[Mormonism and polygamy|polygamy]] in the [[Utah]], [[Arizona]], [[New Mexico]], and [[Oklahoma]] acts.<ref>{{cite web |last= Forte |first= David F. |title= Essays on Article IV: New States Clause |url= http://www.heritage.org/constitution/#!/articles/4/essays/125/new-states-clause |publisher= The Heritage Foundation |access-date=
* [[Enabling Act of 1802]], for the formation of [[Ohio]] from the [[Northwest Territory]]
* [[Enabling Act of 1811]], for the formation of [[Louisiana]]<ref>{{Cite web|url=https://en.wikisource.org/wiki/Enabling_Act_(Louisiana)|title=Enabling Act}}</ref> from the [[Territory of Orleans]]
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* [[s:Utah Enabling Act, 1894|Enabling Act of 1894]], for the formation of Utah
* [[Oklahoma Enabling Act|Enabling Act of 1906]] for the formation of Oklahoma from [[Oklahoma Territory]] and [[Indian Territory]]
* [[Enabling Act of 1910]], for the admission of Arizona<ref>{{Cite web|url=http://www.azleg.state.az.us/const/enabling.pdf|title=Enabling Act|access-date=29 April 2008}}</ref> and New Mexico<ref>[http://www.nmlegis.gov/lcs/lcsdocs/163941.pdf Piecemal Amendment of the Constitution of New Mexico 1911 to 2006] {{Webarchive|url=https://web.archive.org/web/20120219195607/http://www.nmlegis.gov/lcs/lcsdocs/163941.pdf |date=19 February 2012 }} Seventeenth Revision, January 2007, New Mexico Legislative Council Service</ref>
Although the use of an enabling act is a traditional historic practice, a number of territories have drafted constitutions for submission to Congress absent an enabling act and were subsequently admitted, and the act of Congress admitting Kentucky to the Union was passed before the constitution of Kentucky was drafted.
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== Venezuela ==
In [[Venezuela]], enabling laws allowing the president to [[rule by decree]] in selected matters were granted to [[Rómulo Betancourt]] (1959),<ref>Crisp (1998:146–7)</ref> [[Carlos Andrés Pérez]] (1974),<ref name="polar">{{Cite web|url=http://www.fpolar.org.ve/Encarte/fasciculo24/fasc2402.html|title=Historia de Venezuela en Imágenes. Capítulo VIII 1973 /1983. La Gran Venezuela|access-date=21 January 2007|publisher=Fundación Polar|work=La experiencia democrática 1958 / 1998|language=es|url-status=dead|archive-url=https://web.archive.org/web/20070206000939/http://www.fpolar.org.ve/Encarte/fasciculo24/fasc2402.html|archive-date=6 February 2007
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.
== See also ==
* [[2017 Turkish constitutional referendum]], which some media outlets have compared to an "enabling act"
== References ==
{{Reflist
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