Definition

Noun: A specific section or provision within a law or statute that grants designated authorities the necessary power to create detailed rules, regulations, or procedures to put that law into effect. It is the part of the legislation that makes its implementation possible.

Usage

The enabling clause is a critical component of primary legislation. It delegates authority from the legislature to an executive body or official, allowing them to handle the practical details of enforcement without requiring a new act for every minor procedural update.

Examples

• The new environmental act contains an enabling clause that empowers the agency to set specific emission standards.
• Without a clear enabling clause, the regulatory body lacked the legal authority to issue fines.
• The debate in parliament focused on the scope of power granted by the bill's enabling clause.

Advanced Usage

• "Broad/Narrow enabling clause": Describes the extent of the delegated power. A broad clause grants wide discretion, while a narrow one imposes strict limits.
  • The legislation's broad enabling clause gave the minister significant regulatory power.
• "To invoke the enabling clause": To formally use or act upon the authority granted by this provision.
  • The commissioner invoked the enabling clause to establish the new licensing system.

Variants and Related Words

• Enabling act/statute (n): A law that is primarily composed of or centered around such provisions, establishing a new regulatory framework.
  • The Communications Act served as the enabling statute for the new federal commission.
• Delegated/Secondary legislation (n): The rules, regulations, or orders created by authorities under the power granted by an enabling clause.

Synonyms

• Authorizing provision
• Empowering clause
• Delegation clause

Related Phrases

• "Rule-making authority": The power to create regulations, often derived from an enabling clause.
  • The enabling clause defines the agency's rule-making authority.
• "To be enabled by": To be given the capability or legal right through a specific provision.
  • The new policy was enabled by a clause in the 2020 Act.

Noun

1. a provision in a law that confers on appropriate officials the power to implement or enforce the law