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7 Mizan L. Rev. 1 (2013)

handle is hein.journals/mizanlr7 and id is 1 raw text is: ADMINISTRATIVE RULEMAKING IN ETHIOPIA: NORMATIVE AND INSTITUTIONAL FRAMEWORK Aron Degol and Abdulatif Kedir* Abstract Administrative action is steadily growing in Ethiopia, the major part of which is administrative rulemaking. It ranges from regulation of the major industries to the provision of basic commodities like sugar and edible oil. Modem states cannot effectively function without allowing the administrative agencies to have such roles, subject to the caveat that the agencies should to be kept in check by procedural stipulations and schemes. In this regard, there is gap in the Ethiopian legal regime due to the absence of administrative procedure law. This is a neglected subject both by the legal academia and practitioners. This article highlights the problems associated with the gaps in administrative law in Ethiopia and we argue that the prompt adoption of the Draft Federal Administrative Procedure Proclamation (2004) is necessary. The meaning of and the theoretical issues in relation to administrative legislation are discussed followed by the basic procedures and principles that should harness discretion and abuse of authority. Key words Administrative law, Administrative rulemaking, FDRE Constitution, Ethiopia. DOI http://dx.doi.org/10.4314/mlr.v7il. Introduction Ethiopia has pledged to have a government limited by law, i.e. the principle of constitutionalism first through the 1991 Transitional Period Charter and then the 1995 Constitution of the Federal Democratic Republic of Ethiopia. This inevitably envisages certain standards of government. One of the areas of executive action that needs schemes of checks and balance is rulemaking or administrative legislation, which owing to various theoretical and practical reasons, allows the executive to make rules of general application. Good governance presupposes universally accepted minimum procedures of administrative rule making. The absence of general administrative rulemaking Aron Degol (LL.B, LL.M) Lecturer, St. Mary's University Faculty of Law; Abdulatif Kedir (LL.B, LL.M), Lecturer, Addis Ababa University, Center for Human Rights 1

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