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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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