- (Ermächtigungsgesetz)a term generally reserved for the Reichstag* vote of 23 March 1933 abrogating the legislative function and grant-ing Hitler* dictatorial powers for a period of four years. Only the ninety-four Social Democrats attending the session dissented; the seventy-two Center Party* deputies could have blocked passage. The vote was constitutional because it was based on a provision contained in Article 76 of the Constitution* whereby a two-thirds majority of the Reichstag could vote to temporarily eliminate the separation of powers. (Hitler subsequently violated the five restrictive provisos contained in the 1933 Enabling Act.) Article 76 was similarly used amidst the hyperinflation when the Reichstag passed an Enabling Act on 13 October 1923 giving Gustav Stresemann* authority to stabilize Germany's currency. A second act, effective 8 December 1923 to 15 February 1924, resulted in sixty-six emer-gency decrees, some of which brought significant and permanent changes in civil and criminal law. In both instances the restrictive logic of Article 76 was respected.Some have argued that under Article 76 the Weimar Constitution provided the means for its own destruction. In the absence of a strong President—one prepared to exercise his right to dismiss a Chancellor—Hitler succeeded in using a legitimate Enabling Act to terminate the Republic.REFERENCES:Bendersky, Carl Schmitt; Brecht, Political Education; Eyck, History of the Weimar Republic, vol. 1; Watkins, Failure of Constitutional Emergency Powers.
A Historical dictionary of Germany's Weimar Republic, 1918-1933. C. Paul Vincent.
Look at other dictionaries:
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 and places, since … Wikipedia
enabling act — noun a provision in a law that confers on appropriate officials the power to implement or enforce the law (Freq. 1) • Syn: ↑enabling clause • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑legislative act, ↑ … Useful english dictionary
enabling act — See enabling statute … Black's law dictionary
enabling act — An act of emancipation. A statute which removes a disability, for example, the disability of a married woman at common law. 26 Am J1st H & W § 20. A statute which grants new powers or authority to a person or a corporation; the statute 32 Henry… … Ballentine's law dictionary
Enabling Act — Law passed by the German Reichstag in 1933 that enabled Adolf Hitler to assume dictatorial powers. Deputies from the Nazi Party, the German National People s Party, and the Center Party voted in favor of the act, which enabled Hitler s government … Universalium
enabling act — noun Law a statute empowering a person or body to take certain action, especially to make regulations … English new terms dictionary
Enabling Act of 1933 — The Enabling Act ( Ermächtigungsgesetz in German) was passed by the Reichstag (Germany s parliament) on March 23, 1933 and signed by President Paul von Hindenburg the same day. It was the second major step, after the Reichstag Fire Decree through … Wikipedia
Enabling Act of 1889 — The Enabling Act of 1889 (USStat|25|676, chs. 180, 276 284, enacted 1889 02 22) is a United States statute that enabled North Dakota, South Dakota, Montana, and Washington to form state governments and to gain admission as states of the union.The … Wikipedia
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… … Wikipedia
The Standard State Zoning Enabling Act — was written by a New York City commission headed by Edward Bassett and signed by Mayor John Purroy Mitchel in 1916 to regulate buildings and land usage in New York City. It was bought forth as part of the reaction to the construction of the… … Wikipedia