Administrative law assignment answers

1.yes I will agree by civil characterization because when we look nature of the remedy Habeas corpus
primarily addresses the legality of detention rather than the underlying criminal charges. It focuses on
individual rights and the protection against unlawful imprisonment, aligning it with civil law principles.
Also the civil jurisdiction context may allow for a more accessible procedural approach for individuals
seeking relief from unlawful detention, emphasizing the protection of personal freedoms.

2.Similarities between tribunal and courts are:

1. Conflict Resolution: Courts and tribunals are set up to settle conflicts and uphold legal rights and duties.
2. Legal Authority: Both are capable of interpreting and applying the law, reaching judgments that may
have an effect on the parties.
3.Procedural Rules: In order to guarantee justice and fair hearings, courts and tribunals follow particular
protocols and regulations.
4.judicial review: Higher courts frequently have the capacity to review tribunal decisions, guaranteeing
accountability and supervision.

Difference between courts and tribunals:

1.Type of case
 Courts: Usually deal with civil, criminal, and administrative cases, among other types of legal
difficulties.
 Tribunals: Usually concentrate on particular areas of the law, such labor disputes, administrative
law, or regulatory issues.
2.Formality:
 Courts :typically follow stringent procedural guidelines and have a more formal framework.
 Tribunals: They frequently function in a less formal way, enabling more adaptable processes that
may be easier for people to access.
3.Legal knowledge
 Courts are often presided over by judges with formal legal education and credentials.
 Members of tribunals who are not necessarily attorneys but have specific knowledge in the area
may be included.
4..Appeal Procedure:
 Courts: Generally, decisions are appealable to higher courts.
 Tribunals: There may be restrictions on the ability to appeal tribunal rulings, and some may not.
3. The following justifies the control of administrative agencies:
1. Protection of Individual Rights: Guarantees that the liberties of citizens are protected from possible
abuses of authority by organizations.
2. Upholding the Rule of Law: Enforces compliance with legal requirements, which encourages
accountability and transparency.
3. Preventing Abuse of Power: Prevents organizations from acting irrationally or beyond their
jurisdiction.
4.The core principle of administrative law
1. Control of Power: To prevent government officials and agencies from going beyond their legal
jurisdiction (ultra vires), administrative law acts as a mechanism to regulate and limit their powers. 2.
Fairness and Justice: Administrative law requires that natural justice principles be followed, guaranteeing
that people's rights are upheld and that they have access to just procedures. 3. Accountability: It makes
public servants answerable for their deeds and gives people ways to protest abuses of authority. 4.
Transparency: By mandating that public authorities do their business in a way that is clear and available
to the public, the law encourages transparency in governmental operations.

5.Public law remedies involve the state addressing issues related to society and protecting public
interests, such as probations, mandamus while Private law remedies focus on the disputes between
private individual’s, aiming to resolve personal rights through compensation or injection, public law cases
typically include the government as a party, whereas private law cases involve only private parties .

6. An injunction is a court order that requires someone to do something or not do something in order to
protect others or make sure that a legal requirement is followed and it is private remedy. It may be
required, requiring a party to carry out a specific act, or prohibitory, preventing a party from taking a
particular action. When prompt action is required to avoid irreversible injury, injunctions are usually
requested. A prohibition, on the other hand, is a specific court ruling that prohibits an administrative
body or lower court from acting illegally or outside its authority. Its public remedy.

7.Certiorar is a procedure through which the reviewing court investigates the legality of an
agency‘s decision complained of, and will quash or nullify where the decision in question is
found to be ultra vires. Yes, its available in our legal system. According to the article 341 of the
civil procedure law the appellant court have the power to reverse the decision of lower court or
subordinate. When the court is give a contrary decision it is impliedly nullifying the decision of
that of subordinate. I am familiar with certiorari(art 341cvp),mandamus(art 341,343 of the cvp),
injunction(art 155 cvp), habeas corpus(art 177 cvp), compensation(1790 of civil code)

8.Varies form of control exercised by HPR:

 Legislative Control

Article 55; the HPR is responsible for enacting laws. It has the power to draft, debate, and pass legislation
that governs the country

 Budgetary Control

Article 65; the HPR approves the budget that submitted by HOF. This includes reviewing and approving
the governments financial plan and expenditures, ensuring accountability in public spending.

 Oversight of the Executive

Article 73; the HPR has the authority to oversee the actions of the executive branch. This include the
power to appoint and remove the prime minster.

 Judicial Appointment

Article 78 and 81;HPR participate in the appointment of judges.

 Constitutional Amendments; Article 105

9.Exhaustion of local remedies requires individuals to fully utilize all available administrative
processes before seeking judicial review, ensuring that these bodies have the opportunity to resolve
disputes first. This promotes efficiency and respects the expertise of administrative agencies. In contrast,
ripeness pertains to the readiness of a case for judicial review, ensuring that issues are sufficiently
developed and not based on hypothetical scenarios. Both prerequisites aim to encourage resolution
through appropriate channels, maintain judicial efficiency, and prevent courts from intervening in matters
that could be resolved administratively, thus upholding the integrity of the administrative process.

10.Yes, the FDRE Constitution recognizes judicial review, primarily through its establishment of the
separation of powers. Giving recognition is vital for protecting fundamental rights and freedoms, as
individuals can challenge governmental actions that violate their constitutional rights. The Constitution
asserts its supremacy over all laws, allowing courts to invalidate any legislative or administrative actions
that conflict with it. Explicit provisions within the Constitution outline the judiciary's role in interpreting
laws and adjudicating disputes, reinforcing the importance of judicial review in upholding the rule of law
and accountability in government.

11.The Ethiopian Ombudsman Institution has strengths, including promoting accountability, ensuring
accessibility for citizens, focusing on human rights, and recommending systemic improvements. However,
it faces weaknesses such as limited enforcement power, resource constraints, potential political
interference, and low public awareness about its functions. These factors can hinder its effectiveness in
addressing grievances and enhancing governance.

12.The principle of separation of powers divides government responsibilities into distinct branches—
executive, legislative, and judicial—to prevent the concentration of power and ensure checks and
balances. This principle is crucial in relation to administrative agencies, which often operate within the
executive branch but may possess legislative (rule-making) and judicial (adjudicative) functions. While
administrative agencies are designed to implement and enforce laws, their dual roles can blur the lines
between these branches, raising concerns about accountability and potential abuses of power. Thus,
maintaining clear boundaries and oversight mechanisms is essential to uphold the separation of powers
while allowing administrative agencies to function effectively.

13.The rule of law is highly relevant to administrative agencies and administrative law as it ensures that
all actions taken by these entities are grounded in legal authority, promoting fairness, accountability, and
transparency. Administrative agencies, which often exercise significant power in rule-making and
adjudication, must operate within the confines of the law, adhering to established procedures and
principles of justice. This adherence helps protect individuals from arbitrary governance and abuse of
power. Moreover, administrative law provides the framework through which the rule of law is enforced,
offering mechanisms for judicial review and remedies for individuals adversely affected by administrative
actions. Overall, the rule of law serves as a cornerstone for the legitimacy and effectiveness of
administrative agencies, ensuring they function within a legal framework that protects citizens' rights and
upholds democratic principles.

14.Procedural due process and substantive due process are two fundamental aspects of legal protection
under the law. Procedural due process refers to the requirement that the government follow fair
procedures before depriving an individual of life, liberty, or property, ensuring that individuals are given
notice and an opportunity to be heard. In contrast, substantive due process focuses on the protection of
certain fundamental rights from government interference, arguing that the content of laws themselves
must be fair and just, rather than merely the procedures used to enforce them. While procedural due
process emphasizes the fairness of the legal process, substantive due process addresses the fairness of the
laws and policies themselves

15.The 1995 FDRE Constitution incorporates the principle of separation of powers primarily through
Articles 55, 72, and 79, which delineate the roles of the legislative, executive, and judicial branches,
respectively. Article 55 establishes the Federal Parliament as the legislative body, while Article 72
outlines the powers of the executive, headed by the Prime Minister. Article 78 emphasizes the
independence of the judiciary. However, the effective implementation of this principle is often challenged
by political interference, particularly from the executive over the legislature and judiciary, leading to
concerns about accountability and the rule of law. Additionally, ambiguities in the division of powers and
institutional weaknesses further hinder the practical application of the separation of powers in Ethiopia's
governance.

16.Delegating legislative power to administrative agencies is driven by several factors, including the
need for expertise, efficiency, and flexibility in governance. Agencies often consist of specialists who can
address complex technical issues more effectively than general legislators. This delegation allows for
quicker responses to changing circumstances and helps manage the large volume of regulations necessary
for modern governance. Additionally, agencies are responsible for implementing and enforcing laws,
making it logical for them to create detailed rules. By incorporating public participation in their rule-
making processes, agencies can also consider a wider range of stakeholder interests, ensuring that
regulations are practical and responsive to societal needs.

17.Arguments against conferring adjudicative power upon administrative agencies include concerns
over lack of judicial independence, as agencies may exhibit bias due to their executive branch affiliation.
Additionally, administrative hearings often lack the procedural safeguards found in regular courts, leading
to perceptions of unfairness. The focus on technical expertise can overshadow broader legal principles,
resulting in decisions that may be technically sound but contextually unjust. In my view delegating
adjudicative power to agencies can enhance efficiently and expertise, it is crucial to implement robust
safeguards to protect individual’s right and ensure fair outcome.

18. Matters Governed by Administrative Law

Administrative law governs a wide range of matters related to the operations and functions of government
agencies. This includes rule-making (delegated legislation), enforcement of regulations, adjudication of
disputes involving public agencies, licensing and permits, public service administration, and the
implementation of social welfare programs

19. Purpose of Administrative Law

The primary purpose of administrative law is to regulate the activities of government agencies to ensure
they operate within the law and respect the rights of individuals. It aims to promote accountability,
transparency, and fairness in governmental decision-making, providing a framework for the creation and
enforcement of regulations. Additionally, administrative law serves to protect citizens from arbitrary
actions by public authorities, ensuring that governmental power is exercised in a lawful and just manner.

20. Administrative law is categorized under public law for several reasons:
1. Government Authority: It involves the regulation of government agencies and their interactions with
individuals, focusing on public authority rather than private relationships.
2. Public Interest :Administrative law is designed to protect the public interest, ensuring that
governmental actions are conducted fairly and in accordance with the law.
3. Accountability and Oversight: It establishes mechanisms for holding public officials accountable for
their actions, emphasizing the role of the state in safeguarding citizens' rights.
4. Constitutional Framework : Administrative law operates within the context of constitutional principles,
reflecting the relationship between the state and its citizens.
21. Similarities and Differences Between Administrative Law and Constitutional Law
Similarities
1. Public Law Nature :Both govern the relationship between the state and individuals.
2. Protection of Rights :They aim to protect individual rights and ensure lawful exercise of governmental
power.
3. Framework for Governance: Both provide structures for governmental operations.
Differences:
1. Scope: Constitutional law focuses on fundamental principles and citizen rights, while administrative
law pertains to the actions of government agencies.
2. Legal Sources : Constitutional law derives from the constitution, whereas administrative law comes
from statutes, regulations, and executive orders.
3. Judicial Review : Constitutional law addresses the legality of laws under the constitution, while
administrative law scrutinizes the legality of agency actions.
22. Sources of administrative law include:
1. Constitution: Establishes the framework for agency authority.
2.. Regulations : Detailed rules created by agencies through rule-making.
4. Executive Orders : Directives from government officials affecting agency operations.
5. Judicial Decisions: Court rulings that interpret laws and set precedents.
 BONGA UNIVERSTIY
DEPARTEMENT OF LAW

Administrative law individual assignment

Name: Tsinuel Endale

Id: 10004

Instructor: Abdushukur N.

Bonga,Ethiopia