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An enabling act is a piece of
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
by which a
legislative body A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
grants an entity which depends on it (for authorization or
legitimacy Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to: * Legitimacy (criminal law) * Legitimacy (family law) * Legitimacy (political) See also * Bastard (law of England and Wales) * Illegitimacy in fiction * Legit (d ...
) the power to take certain actions. For example, enabling acts often establish
government agencies A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administratio ...
to carry out specific government policies in a modern nation. The effects of enabling acts from different times and places vary widely.


Germany

The German word for an enabling act is ''Ermächtigungsgesetz''. It usually refers to the enabling act of 23 March 1933 which became a cornerstone of Adolf Hitler's seizure of power.


Acts of 1914–1927

The first enabling act is dated from 4 August 1914 just after the
German entry into World War I Germany entered into World War I on August 1, 1914, when it declared war on Russia. In accordance with its war plan, it ignored Russia and moved first against France–declaring war on August 3 and sending its main armies through Belgium to capt ...
. With the vote of the
Social Democratic Party The name Social Democratic Party or Social Democrats has been used by many political parties in various countries around the world. Such parties are most commonly aligned to social democracy as their political ideology. Active parties For ...
, the Reichstag (the
German Empire The German Empire (),Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditary ...
'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. In the
Weimar Republic The Weimar Republic (german: link=no, Weimarer Republik ), officially named the German Reich, was the government of Germany from 1918 to 1933, during which it was a Constitutional republic, constitutional federal republic for the first time in ...
(1919–1933), there were several enabling acts: three in 1919, one in 1920 and one in 1921, three in 1923, one in 1926 and one in 1927. The enabling act on 24 February 1923, originally limited until 1 June but extended until 31 October, empowered the cabinet to resist the
Occupation of the Ruhr The Occupation of the Ruhr (german: link=no, Ruhrbesetzung) was a period of military occupation of the Ruhr region of Germany by France and Belgium between 11 January 1923 and 25 August 1925. France and Belgium occupied the heavily industr ...
. There was an enabling act on 13 October 1923 and an enabling act on 8 December 1923 that would last until the dissolution of the Reichstag on 13 March 1924. 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 German currency in response to
hyperinflation In economics, hyperinflation is a very high and typically accelerating inflation. It quickly erodes the real value of the local currency, as the prices of all goods increase. This causes people to minimize their holdings in that currency as t ...
, the merger of the ''
Länderbahnen The ''Länderbahnen'' (singular: ''Länderbahn'') were the various state railways of the German Confederation and the German Empire in the period from about 1840 to 1920, when they were merged into the Deutsche Reichsbahn after the First World War ...
'' into the
Deutsche Reichsbahn The ''Deutsche Reichsbahn'', also known as the German National Railway, the German State Railway, German Reich Railway, and the German Imperial Railway, was the German national railway system created after the end of World War I from the regiona ...
national railway system, and unemployment pay were settled via such decrees (Vollmacht-Verordnungen). The Emminger Reform of 4 January 1924 abolished the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
as
trier of fact A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence present ...
and replaced it with a mixed system of
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s and
lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permane ...
s in Germany's judiciary which still exists today. 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 (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 (usually called ''Notverordnungen''), otherwise. In March 1924, the Reichstag wanted to discuss the abolition of decrees (which was granted by the enabling act of February that year). President
Friedrich Ebert Friedrich Ebert (; 4 February 187128 February 1925) was a German politician of the Social Democratic Party of Germany (SPD) and the first president of Germany from 1919 until his death in office in 1925. Ebert was elected leader of the SPD on t ...
dismissed parliament to avoid discussion and abolishments. In later years, governments failed to gather two-thirds of majorities since the radicalization of the revolutionary national-conservative
German National People's Party The German National People's Party (german: Deutschnationale Volkspartei, DNVP) was a national-conservative party in Germany during the Weimar Republic. Before the rise of the Nazi Party, it was the major conservative and nationalist party in Wei ...
in 1928 and the rise of the Nazi Party after 1930. Chancellor
Heinrich Brüning Heinrich Aloysius Maria Elisabeth Brüning (; 26 November 1885 – 30 March 1970) was a German Centre Party politician and academic, who served as the chancellor of Germany during the Weimar Republic from 1930 to 1932. A political scienti ...
(1930–1932) worked with presidential decrees which replaced most of the ordinary legislature, eventually. 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).


Enabling Act of 1933

The German word ''Ermächtigungsgesetz'' usually refers to the
Enabling Act of 1933 The Enabling Act (German: ') of 1933, officially titled ' (), was a law that gave the German Cabinet – most importantly, the Chancellor – the powers to make and enforce laws without the involvement of the Reichstag or Weimar Pres ...
, officially ''Gesetz zur Behebung der Not von Volk und Reich'' ("Law to Remedy the Distress of the People and the State"). It became a cornerstone of
Adolf Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Germany from 1933 until his death in 1945. He rose to power as the leader of the Nazi Party, becoming the chancellor in 1933 and the ...
's
seizure of power An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with l ...
. Unlike, for example,
Wilhelm Marx Wilhelm Marx (15 January 1863 – 5 August 1946) was a German lawyer, Catholic politician and a member of the Centre Party. He was the chancellor of Germany twice, from 1923 to 1925 and again from 1926 to 1928, and he also served briefly as the ...
's enabling act of December 1923, Hitler's Act: * was limited to four years, not several months; * enabled government not only to create decrees, but even laws and treaties with other countries; * these laws could deviate from the
Weimar Constitution The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
; * there were no thematic limits; * neither any house committee nor the Reichsrat (the common organ of the states of Germany) had the right to control, or to abolish these laws. In comparison to the situation of the 1920s, Hitler's
Nazi Party The Nazi Party, officially the National Socialist German Workers' Party (german: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right political party in Germany active between 1920 and 1945 that created and supported t ...
and his coalition partner the
DNVP The German National People's Party (german: Deutschnationale Volkspartei, DNVP) was a national-conservative party in Germany during the Weimar Republic. Before the rise of the Nazi Party, it was the major conservative and nationalist party in Wei ...
did have a parliamentary majority since the general elections of 3 March 1933. Those elections and then the voting in the Reichstag were carried out in a climate of intimidation and violence carried out by right-wing paramilitary groups such as the Nazi ''
Sturmabteilung The (; SA; literally "Storm Detachment") was the original paramilitary wing of the Nazi Party. It played a significant role in Adolf Hitler's rise to power in the 1920s and 1930s. Its primary purposes were providing protection for Nazi ralli ...
''. On 23 March, the
Communist Party of Germany The Communist Party of Germany (german: Kommunistische Partei Deutschlands, , KPD ) was a major political party in the Weimar Republic between 1918 and 1933, an underground resistance movement in Nazi Germany, and a minor party in West German ...
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". The Enabling Act of 1933 was renewed by a purely 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.


Federal Republic

With its 1949
German Basic Law The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
, there have been no enabling acts in the
Federal Republic of Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated between ...
. The constitution states that it can be changed only by an explicit alteration of the phrasing.


United Kingdom


Act of 1919

The
Church of England Assembly (Powers) Act 1919 The Church of England Assembly (Powers) Act 1919 (9 & 10 Geo. 5 c. 76) is an Act of the Parliament of the United Kingdom that enables the Church of England to submit primary legislation called Measures, for passage by Parliament. Measures have t ...
gave a considerable degree of self-government to the
Church of England The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Brit ...
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. It took nine sessions to approve the salary of the
Archdeacon of Cornwall The Archdeacon of Cornwall is a senior cleric in the Church of England Diocese of Truro. History and composition The archdeaconry of Cornwall was created in the Diocese of Exeter in the late 11th century. The area and the archdeacon remained pa ...
, and of the 217 bills introduced into the House of Commons between 1880 and 1913, only 33 passed into law for lack of parliamentary time, among the casualties being the bills to establish new dioceses. The Act gave the newly established ''
Church Assembly The General Synod is the tricameral deliberative and legislative organ of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church ...
'', predecessor of the
General Synod The General Synod is the title of the governing body of some church organizations. Anglican Communion The General Synod of the Church of England, which was established in 1970 replacing the Church Assembly, is the legislative body of the Church of ...
, power to prepare and present to Parliament measures which could either be approved or rejected, but not modified by either House. Before being voted on, the proposals were examined by an
Ecclesiastical Committee The Ecclesiastical Committee is a statutory joint committee of the Parliament of the United Kingdom, created by the Church of England Assembly (Powers) Act 1919 to review Church of England measures submitted to Parliament by the Legislative Commi ...
of both Houses which reported on their effects and implications. Once approved in Parliament, the measure became law on receiving the royal assent. The Act continues to apply today to the
General Synod of the Church of England The General Synod is the tricameral deliberative and legislative organ of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church ...
which, as a result of the Synodical Government Measure of 1969, replaced the Church Assembly with the aim of achieving full integration of the laity and eliminating the complications caused by the dual control of the
Convocations of Canterbury and York The Convocations of Canterbury and York are the synodical assemblies of the bishops and clergy of each of the two provinces which comprise the Church of England. Their origins go back to the ecclesiastical reorganisation carried out under Ar ...
, and the Assembly. All the Assembly's powers passed to the new synod along with many of those of the Convocations.


Proposals

In the 1930s, both Sir
Stafford Cripps Sir Richard Stafford Cripps (24 April 1889 – 21 April 1952) was a British Labour Party politician, barrister, and diplomat. A wealthy lawyer by background, he first entered Parliament at a by-election in 1931, and was one of a handful of La ...
and
Clement Attlee Clement Richard Attlee, 1st Earl Attlee, (3 January 18838 October 1967) was a British politician who served as Prime Minister of the United Kingdom from 1945 to 1951 and Leader of the Labour Party from 1935 to 1955. He was Deputy Prime Mini ...
advocated an enabling act to allow a future Labour government to pass
socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the ...
legislation which would not be amended by normal parliamentary procedures and the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
. 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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
. Cripps also suggested measures against the
monarchy A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monar ...
, but quickly dropped the idea. During the
Great Depression The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
and
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, Oswald Mosley's
British Union of Fascists The British Union of Fascists (BUF) was a British fascist political party formed in 1932 by Oswald Mosley. Mosley changed its name to the British Union of Fascists and National Socialists in 1936 and, in 1937, to the British Union. In 1939, f ...
pledged to enact an enabling act establishing a
corporatist Corporatism is a collectivist political ideology which advocates the organization of society by corporate groups, such as agricultural, labour, military, business, scientific, or guild associations, on the basis of their common interests. The ...
dictatorship A dictatorship is a form of government which is characterized by a leader, or a group of leaders, which holds governmental powers with few to no limitations on them. The leader of a dictatorship is called a dictator. Politics in a dictatorship a ...
if it were allowed to form a government. It would have totally
nationalized Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to p ...
the economy into a national corporation with 25 affiliates represented in the government through a reformed
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, abolished the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
' legislative authority, and allowing a royally-appointed
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
and
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
to rule by decree through
Orders in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''King ...
. In 1966 Oswald Mosley advocated a
government of national unity A national unity government, government of national unity (GNU), or national union government is a broad coalition government consisting of all parties (or all major parties) in the legislature, usually formed during a time of war or other nati ...
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 what Mosley described as "time-wasting obstructionism of present procedure". He also claimed that Parliament would always retain the power to dismiss his government by a
motion of censure A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or m ...
if its policies failed or if it attempted to "override basic British freedoms".


Legislative and Regulatory Reform Act 2006

In early 2006 the highly controversial yet little-publicised Legislative and Regulatory Reform Bill was introduced to Parliament. This Bill, if enacted as introduced, 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 described as the ''Abolition of Parliament Bill'' and "of first-class constitutional significance ... nd wouldmarkedly alter the respective and long standing roles of minister and Parliament in the legislative process". The Bill was, in essence, an Enabling Act in all but name. After some amendment by the government and Lords, the Legislative and Regulatory Reform Bill received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
on 8 November 2006. Amendments included removing its ability to modify itself or the
Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
; most of the other modifications were much more subjectively defined.


Great Repeal Bill

The
European Union (Withdrawal) Bill The European Union (Withdrawal) Act 2018 (also known as the Great Repeal Act) is an Act of the Parliament of the United Kingdom that provides both for repeal of the European Communities Act 1972, and for parliamentary approval to be require ...
of 2017, also known as the Great Repeal Bill, has come under fire from critics because it envisions giving the
Government of the United Kingdom ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
unprecedented powers to rewrite any aspect of British laws imported from
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
when Britain leaves the EU, without consulting Parliament. Such powers, effected by clauses called Henry VIII clauses, have been controversially used in the past, but usually only in respect of very limited areas of law.


United States

In the United States at the national level, an "enabling act" is a
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
enacted by the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...
authorizing the people of a
territory A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
to frame a proposed state constitution as a step towards
admission to the Union Admission may refer to: Arts and media * "Admissions" (''CSI: NY''), an episode of ''CSI: NY'' * ''Admissions'' (film), a 2011 short film starring James Cromwell * ''Admission'' (film), a 2013 comedy film * ''Admission'', a 2019 album by Florida s ...
. 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
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is marr ...
in the
Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
,
New Mexico ) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe, New Mexico, Santa Fe , LargestCity = Albuquerque, New Mexico, Albuquerque , LargestMetro = Albuquerque metropolitan area, Tiguex , Offi ...
, and
Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...
acts.
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
was required to abolish
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and
involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit anothe ...
, except as punishment for a crime; to guarantee freedom of religious practice to all inhabitants; and to agree that all public lands owned by the federal government at the time of statehood would be retained after admission. The applicant territory then submits its proposed constitution to Congress, which either accepts it or requires changes. For example, in 1866, Congress refused the proposed
Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...
constitution because it limited
suffrage Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
to white males. Enabling Acts approved by Congress include: *
Enabling Act of 1802 The Enabling Act of 1802 was passed on April 30, 1802 by the Seventh Congress of the United States. This act authorized the residents of the eastern portion of the Northwest Territory to form the state of Ohio and join the U.S. on an equal footin ...
, for the formation of
Ohio Ohio () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of states and territories of the United States, fifty U.S. states, it is the List of U.S. states and territories by area, 34th-l ...
from the
Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolutionary War. Established in 1 ...
* Enabling Act of 1811, for the formation of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
from the
Territory of Orleans The Territory of Orleans or Orleans Territory was an organized incorporated territory of the United States that existed from October 1, 1804, until April 30, 1812, when it was admitted to the Union as the State of Louisiana. History In 180 ...
* Enabling Act of 1864, for the formation of Nevada * Enabling Act of 1889, for the formation of
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, ...
,
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large po ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
, and
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
* Enabling Act of 1894, for the formation of Utah * Enabling Act of 1906 for the formation of Oklahoma from
Oklahoma Territory The Territory of Oklahoma was an organized incorporated territory of the United States that existed from May 2, 1890, until November 16, 1907, when it was joined with the Indian Territory under a new constitution and admitted to the Union as t ...
and
Indian Territory The Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States Government for the relocation of Native Americans who held aboriginal title to their land as a sovereign ...
* Enabling Act of 1910, for the admission of Arizona and New Mexico 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.


State Enabling Acts

At the state government level, state enabling acts allow local jurisdictions to make laws regarding certain issues on the state's behalf. For example, many states passed their own version of the Standard State Zoning Enabling Act, which enabled municipalities to regulate land use with local
zoning Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
laws. Other enabling acts have allowed municipalities to establish foreign-trade zones, collect
impact fee An impact fee is a fee that is imposed by a local government within the United States on a new or proposed development project to pay for all or a portion of the costs of providing public services to the new development.Juergensmeyer, Julian C., a ...
s, or create public utilities.


Venezuela

In
Venezuela Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
, enabling laws allowing the president to
rule by decree Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group. It allows the ruler to make or change laws without legislative approval. While intended to allow rapid responses to a crisis, rule ...
in selected matters were granted to Rómulo Betancourt (1959),
Carlos Andrés Pérez Carlos Andrés Pérez Rodríguez (27 October 1922 – 25 December 2010) also known as CAP and often referred to as ''Venezuelan Spanish#Some examples of Spanish words common in Venezuela.2C including some native Venezuelanisms .28slang.29, El ...
(1974),
Jaime Lusinchi Jaime Ramón Lusinchi (27 May 1924 – 21 May 2014) was a Venezuelan politician who was the president of Venezuela from 1984 to 1989. His term was characterized by an economic crisis, growth of the external debt, populist policies, currency dep ...
(1984),
Ramón José Velásquez Ramón José Velásquez Mujica (28 November 1916 – 24 June 2014) was a Venezuelan politician, historian, journalist, and lawyer. He served as the president of Venezuela between 1993 and 1994. Background and personal life Velásquez was born ...
(1993) and
Rafael Caldera Rafael Antonio Caldera Rodríguez ( (); 24 January 1916 – 24 December 2009), twice elected the president of Venezuela, served for two five-year terms (1969–1974 and 1994–1999), becoming the longest serving democratically elected leade ...
(1994). Pérez issued over 3,000 decrees under the powers delegated to him. In mid-2000, a similar law enabled
Hugo Chávez Hugo Rafael Chávez Frías (; 28 July 1954 – 5 March 2013) was a Venezuelan politician who was president of Venezuela from 1999 until his death in 2013, except for a brief period in 2002. Chávez was also leader of the Fifth Republ ...
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. In 2007, a new enabling act granted President Chávez powers for 18 months, giving 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.


See also

*
2017 Turkish constitutional referendum A constitutional referendum was held in Turkey on 16 April 2017 on whether to approve 18 proposed amendments to the Turkish constitution that were brought forward by the governing Justice and Development Party (AKP) and the Nationalist Movemen ...
which some media outlets have compared to an "enabling act".


References

{{DEFAULTSORT:Enabling Act Statutory law Politics of Venezuela Law of Venezuela 2000s in Venezuela United States federal territory and statehood legislation 1990s in Venezuela