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Simple English definitions for legal terms
enabling statute
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A quick definition of enabling statute:
An enabling statute is a law that gives people the power to do something they couldn't do before. It's like a rulebook that says "you can do this now." For example, a law might be passed that allows people to lease property for longer periods of time than they could before. This law would be an enabling statute because it enables people to do something they couldn't do before.
A more thorough explanation:
An enabling statute is a type of law that gives authority or power to a particular group or individual to carry out a specific action or function. It is a legal framework that allows someone to do something that would otherwise be prohibited or illegal.
The Lease Act (1540) is an example of an enabling statute. This law allowed tenants in tail, husbands seised in right of their wives, and others to make leases for their lives or for 21 years. This means that people who were previously not allowed to make leases were given the power to do so by this law.
Another example of an enabling statute is the Americans with Disabilities Act (ADA). This law gives people with disabilities the right to access public places and services, such as restaurants, hotels, and transportation. Without this law, people with disabilities may not have been able to enjoy the same rights and privileges as others.
These examples illustrate how enabling statutes can be used to empower individuals or groups who may have been previously marginalized or excluded from certain activities or services.