enabling clause


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Noun1.enabling clause - a provision in a law that confers on appropriate officials the power to implement or enforce the law
legislative act, statute - an act passed by a legislative body
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
During the GATT Tokyo Round of Negotiations (1973-1979), the 'Enabling Clause' was adopted giving a permanent most favoured nation (MFN) waiver to the GSP.
In this context, Wittmann and Bacher refer not least to a corresponding enabling clause in EU data protection law.
That is why so many acts of the legislature include at the end an enabling clause which says the competent authority may make rules for the implementation of the law.
While most agree repeal is the best option, a decision to put in a new enabling clause is not unanimous, while the question of whether to allow for unlimited abortions up to 12 weeks is causing serious divisions at the top of Government.
After putting an enabling clause in the law to increase the peak GST rate to 40 per cent from the proposed 28 per cent, the council has now proposed a maximum compensation cess of 15 per cent which would be levied on the total taxable price of the goods and services, and not just on the tax, as is the case with Education Cess.
This Note argues that, through the use of Article XXIV of the GATT, as well as the adopted Enabling Clause, the European Union is creating agreements, free of trade-barriers, which results in virtually the same entity that was found to be in violation of the MFN clause in the EC-Bananas cases.
Part Two will establish some context by looking at the requirements of Article XXIV of the GATT, the Enabling Clause, and the surprising but telling paucity of WTO Appellate Body jurisprudence on the topic.
The said section, he added, empowered the Commission to promulgate Rules to order the interconnectivity of the trading platforms of the domestic exchanges so that orders from one exchange could be executed on the platforms of another exchange.He said that unfortunately, despite having such an enabling clause since 2006, no progress was made towards the establishment of a unified market system in the country because of the pending demutualization process of the domestic exchanges.
"There is an enabling clause for extension of Section 80C benefits to mutual fund pension schemes under Section 80C(2)(xiiic) of the I-T Act, it remains to be seen if CBDT (Central Board of Direct Taxes) gives its go ahead," says Jimmy Patel, chief executive officer, Quantum Mutual Fund.
The Enabling Clause was formally incorporated into the GATT 1994
Menendez, in a gesture more symbolic than anything else, issued an emotional plea for members to vote for an amendment that would strike the bill's enabling clause. It evoked from some members childhood memories of racial profiling, which they say affected them or their parents.
Commenting on the enabling clause and the following clause guaranteeing cultural freedom to minorities, Leonard Binder described it 'as a step to enshrine the two nation theory in the future constitution of Pakistan' and 'it would certainly give the government more authority in religious matters than is usual in western or westernized states'.39

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