Tuesday 4 June 2013

Enabling ACT (1933) - Civil Contingencies ACT (2004)

Hitlers Enabling ACT (1933) Civil Contingencies ACT (2004)
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Original Article: "The Enabling Act" http://en.wikipedia.org/wiki/Enabling_Act_of_1933


The Enabling Act 1933

(German: Ermächtigungsgesetz) was a 1933 constitutional amendment that played a critical role in the rise of Adolf Hitler to become the {dictator} and {Führer} of {Nazi} Germany by August, 1934.  It passed in the Reichstag and signed by President Paul von Hindenburg on 23 March 1933.  It followed the Reichstag Fire Decree, that gave Hitler plenary power.  It received its name from its {legal} status as an enabling act granting the Cabinet – in effect, the Chancellorthe authority to enact decrees without involving the Reichstag.  The act stated that it was to last four years unless renewed by the Reichstag, which occurred twice.
 

The formal name of the {Enabling Act} was {Gesetz zur Behebung der Not von Volk und Reich} (English: "Law to Remedy the Distress of People and Reich").  This {legislation} was ostensibly passed at the Kroll Opera House, where the {legislators} were surrounded by, and threatened by, {Nazi troops}; over one hundred {legislators} were refused admission.
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Original Article: "Reichstag Fire Decreehttp://en.wikipedia.org/wiki/Reichstag_Fire_Decree

Reichstag Fire Decree

From Wikipedia, the free encyclopedia


The Reichstag Fire Decree (German: Reichstagsbrandverordnung) is the common name of the Decree of the Reich President for the Protection of People and State (German: Verordnung des Reichspräsidenten zum Schutz von Volk und Staat) issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933.  The decree nullified many of the key civil liberties of {German citizens}.  With Nazis in powerful positions in the German government, the decree was used as the legal basis of imprisonment of anyone considered to be opponents of the Nazis, and to suppress publications not considered “friendly” to the Nazi cause.  The decree is considered by historians to be one of the key steps in the establishment of a one-party Nazi state in Germany.
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Original Article: "Civil Contingencies Act 2004" http://en.wikipedia.org/wiki/Civil_Contingencies_Act_2004

Civil Contingencies Act 2004

From Wikipedia, the free encyclopedia


The Civil Contingencies Act 2004 (c 36) is an Act of the Parliament of the United Kingdom that establishes a coherent framework for {emergency planning} and response ranging from local to national level.  It also replaces former Civil Defence and Emergency Powers legislation of the 20th century.


The Civil Contingencies Act 2004 repeals the Civil Defence Act 1948 and the Civil Defence Act (Northern Ireland) 1950.   Part 1 of the Act establishes a new definition for emergency, which is broadly defined.  The definition includes war or attack by a foreign power, which were defined as emergency under previous legislation, as well as terrorism which poses a threat of serious damage to the security of the United Kingdom and events which threaten serious damage to human welfare in a place in the United Kingdom or to the environment of a place in the United Kingdom

Previous legislation, which was enacted during or after the second world war, provided for civil protection solely in terms of "civil defence", which was defined as "measures, other than actual combat, for affording defence against a hostile attack by a foreign power".  The Act also broadens the number of local bodies which have duties in the event of an emergency, previous legislation only related to local authorities, police authorities and certain fire authorities.  Neither strand had seen any significant amendments in a number of years and, unfortunately, were not able to cope in the event of domestic threats to services such as the fuel protests of 2000 or natural threats like the mass flooding in 2000 and the outbreak of Foot and Mouth Disease in 2001.

In the wake of these three events, the Deputy Prime Minister, John Prescott, announced a formal review into {emergency planning} arrangements.  The review included a public consultation exercise, which generally supported the Government's conclusion that existing legislation was no longer adequate and that new legislation was required.  A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill, which was very influential in shaping the legislation but several proposals of which (especially for a new agency) were rejected.
 

The Act guides upon the creation of a Local Resilience Forum to consider such matters within an existing police force boundary and requires responders to undertake risk assessments, maintain them in a Community Risk Register and to publish this registerRisks in this context are those that could result in a major emergency

This Community Risk Register is the first step in the {emergency planning} process; it ensures that the plans that are developed are proportionate to the risk.
 


A draft Bill was scrutinised in detail by the Joint Committee on the Draft Civil Contingencies Bill.  On the 18 November 2004 the bill received Royal Assent, becoming the Civil Contingencies Act 2004.