Administrative rulemaking in Ethiopia: normative and institutional framework

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. Modern 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.

Keywords: Administrative law, Administrative rulemaking, FDRE Constitution, Ethiopia

MIZAN LAW REVIEW, Vol. 7 No.1, September 2013