Enforcement of the Principle of Legality in Ethiopia after Ethiopian Revenue & Customs Authority v Ato Daniel Mekonnen

Abstract

The principle of legality, that safeguards the freedoms and liberties of individuals in the administration of criminal justice, is being challenged by the increasing tendencies of administrative agencies to attach criminal “teeth” to the myriads of administrative regulations and directives. The proliferation in Ethiopia of such administrative regulations and directives in the last few decades have been worrisome. This article posits that delegation of criminal law-making power to administrative organs counter the persuasive rationales for delegation of law making power for that would defy the principle of legality. Conceiving the principle of legality as primarily relating to notice and fair warning, the article shows that the principle of legality is not properly enforced in Ethiopia.