Intro to Paralegal Studies Practice

What is the purpose of an enabling act?

1. To establish and define the powers of an administrative agency

2. To determine the constitutionality of a law

3. To codify common law into statutory law

4. To promote judicial precedents

The correct answer is: To establish and define the powers of an administrative agency

An enabling act serves a crucial role in the realm of administrative law by establishing and defining the powers granted to an administrative agency. This type of legislation is enacted by a legislative body and essentially lays the groundwork for creating regulatory authority. The enabling act specifies the scope of the agency’s powers, including what actions it can undertake and the extent of its authority in implementing and enforcing laws related to its designated area of expertise. By delineating these powers, the enabling act helps ensure that the agency operates within the confines of its legislative mandate, thereby promoting accountability and transparency. It also provides a framework for the agency's decision-making processes and the regulations it has the authority to develop. In contrast, the other options focus on different aspects of law. Determining the constitutionality of a law pertains to judicial review processes, while codifying common law into statutory law involves the integration of existing legal precedents into formal legislation. Promoting judicial precedents relates to the function of courts in creating case law rather than establishing an administrative framework. Thus, the primary purpose of an enabling act is specifically related to setting up the authority and functions of administrative agencies.