Friday, November 1, 2024

The Acerbo Law and The Enabling Act of 1933

Two laws passed with threats of violence by the Fascists in Italy and the Nazis in Germany which gave them control over lawmaking in each nation, effectively eliminating checks and balances.

- The Acerbo Law.

The Acerbo Law was an Italian electoral law proposed by Baron Giacomo Acerbo and passed by the Italian Parliament in November 1923. The purpose of it was to give Mussolini's fascist party a majority of deputies. The law was used only in the 1924 general election, which was the last competitive election held in Italy until 1946.

. . . Following the transformation of Italy into a one-party State in 1926, the Acerbo Law became obsolete. In 1928, the Italian Parliament (now purged of any serious opposition) overwhelmingly passed a new electoral law, known as Rocco Law from his proponent Alfredo Rocco; the new Law turned Italian elections into a plebiscite on a single list of candidates selected by the Grand Council of Fascism among members of the National Fascist Party and affiliated organizations.

- The Enabling Act of 1933.

The Enabling Act of 1933 was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg, leading to the rise of Nazi Germany. Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government.

. . . Under the Act, the government had acquired the authority to enact laws without either parliamentary consent or control. These laws could (with certain exceptions) even deviate from the Constitution. The Act effectively eliminated the Reichstag as an active player in German politics. While its existence was protected by the Enabling Act, for all intents and purposes it reduced the Reichstag to a mere stage for Hitler's speeches. It only met sporadically until the end of World War II, held no debates and enacted only a few laws. Within three months of the passage of the Enabling Act, all parties except the Nazi Party were banned or pressured into dissolving themselves, followed on 14 July by a law that made the Nazi Party the only legally permitted party in the country.