Administrative Agencies Power In Ethiopia With Particular Reference To Administrative Rule Making A Comparative Study

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In any democratic setting, the law making power certainly and indeed, rightly belongs to thernlegislature. Going through the literature however, one cannot but acknowledge the existence ofrnthe practice whereby the executive enjoy considerable law making power in addition to itsrnusual executive power. It is incontrovertible that the practice is a negation of doctrine ofrnseparation of powers. But the practice seems inevitable given the exigency of modernrngovernance. As such, certainly, the idea of delegation of law making powers to administrativernbodies has come to stay. This is however depends on certain conditions, inter alia, that thernpower under which the later emanates is that of delegable, the power should properlyrndelegated, and must be exercised within the scope by appropriate authority.rnDespite this universally accepted and in fact applied principles, legislatures at both federalrnand Oromia national regional government may not lay down any policy at all, declare itsrnpolicy in vague and general terms, not set down any standard for the guidance of the executive,rnconfer and arbitrary power to the executive to amend or modified the policy laid down in thernparent act, with out reserving for itself any control mechanisms over subordinate legislation.rnIn addition to the lack of a practical limitation on the part of the legislature that give rise tornexcessive delegation, as well as due to luck of any standards that limits the exercise ofrndelegated power, the problem is more aggravated due to lack of post control of administrativernrule making power in Ethiopia. Despite the existence of legal basis, other organs of therngovernment like the court and the higher executive organs have no administrative rule makingrncontrol mechanisms. Due to these, administrative rules making power have been left with outrnlegal and practical limitation at both federal and state level.rnWith this in mind, this work meant to make a humble attempt at showing the problem withrnpractice and the legal gaps in administrative rule making power, procedure and controlrnmechanisms and coming up with some points of recommendation for policy and law reform.

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Administrative Agencies Power In Ethiopia With Particular Reference To Administrative Rule Making A Comparative Study

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