To'annoo Dambiileefi Qajeelfamoota Aangoo Bakka Bu'insaan Ba'anii: Haala Qabatamaa Oromiyaa

Abstract

The core idea of principle of separation of power was coined by John Lock and latter refined by Montesque in the 18^th century. It advocates for separation of government power among three branches: legislative, executive and judiciary. Each branch has its own primary function and intervention in the primary function of other branch is not allowed. However, the principle is not absolute for different reasons. One area of deviation is delegated legislation whereby executive branch make laws; although the function belongs to legislature. However, the compatibility of delegated legislations with enabling legislation should be controlled so that the principle of separation of power isn’t totally eroded. The objective of this article is to investigate how delegated legislations (regulations and directives) are controlled in by the three branches of government with a view to identify the bottlenecks. In doing that, qualitative research method that includes review of literature, in-depth interview, case analysis and scrutinizing legal provisions was employed. Accordingly, 38 in-depth interviews with officials from different executive sectors at bureau level; 16 cases decided by quasi-judicial organs; 10 cases decided by regular courts; most importantly 20 proclamations, 20 regulations and 20 directives were read and examined critically. Finding of the research claims ineffective control on delegated legislations in Oromia mainly due to lack of institutionalized controlling mechanisms supported by laws; and leniency and sometimes the inability of the judiciary to exercise its judicial review power. Due to this, there are cases whereby delegated legislations become ultra virus to the primary laws thereby unduly restricting constitutionally guaranteed rights such as the right to procedural justice. Hence, the article suggests institutionalizing controlling mechanisms suppoting it by laws, enabling the judicial organ to effectively exercise its inherent power of judicial review as ways forward.