This document discusses administrative agencies in Ethiopia. It covers the following key points in 3 sentences:
Administrative agencies in Ethiopia can be formed by the Constitution or Parliament. They are created to provide specificity, protection, and services. The main functions of administrative agencies are rule making, implementation, and adjudication. Controlling mechanisms include legislative, executive, and judicial oversight as well as institutions like the Ombudsman and Human Rights Commission. Judicial review examines the constitutionality, legality, rationality, and procedural propriety of administrative acts.
Sub-delegated legislation refers to the further delegation of legislative powers granted by statute to an executive authority to another subordinate body. Sub-delegation is permitted when expressly authorized by statute or necessarily implied. However, judicial or quasi-judicial powers cannot be sub-delegated without statutory authorization. While sub-delegation may be necessary for implementation, it reduces accountability and transparency if taken to multiple levels removed from the original statute, making the law difficult for the public to access.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
This document discusses fundamental rights under the Indian constitution. It covers four parts:
1) It defines fundamental rights and the six rights that are protected: right to equality, freedom, anti-exploitation, religion, education and remedies.
2) It specifies that these rights protect individuals from the state but not private individuals, and defines what constitutes an agency of the state.
3) It discusses habeas corpus, the writ to have a detained person brought before the court.
4) It introduces several doctrines related to fundamental rights: severability, eclipse, and waiver.
The document discusses the doctrine of repugnancy in Indian law. It defines repugnancy as an inconsistency between two legal instruments. Repugnancy can arise in three situations - direct conflict between laws, when laws cover the same field, or when a law is intended to occupy a field. For repugnancy to be established, the inconsistencies must be irreconcilable. The Supreme Court has interpreted that in cases of repugnancy, the Central law will prevail over the State law. The document outlines several cases that discuss applying the repugnancy doctrine when Central and State laws conflict.
Section 11 of the Indian Evidence Act discusses when facts not otherwise relevant can become relevant in legal cases. It provides two conditions: (1) if the facts are inconsistent with facts in issue or other relevant facts, or (2) if the facts alone or in connection with other facts make the existence or non-existence of a fact in issue highly probable or improbable. The document then provides examples of how facts could meet these conditions, such as establishing an alibi to show someone was elsewhere during a crime. It also discusses the burden of proof for establishing an alibi defense and considerations around the credibility of alibis.
This document provides an overview of public maladministration and remedies available to address it. It defines maladministration broadly as improper administrative action or inaction resulting from improper considerations. There are three types of remedies: managerial, which focuses on reforms; legal, which involves enacting administrative laws; and political, which emphasizes openness, legislative oversight, and citizen participation. The document also discusses the ombudsman model as a remedy, describing the historical tradition and legal definitions of an ombudsman. It provides details on the jurisdiction, complaints process, and investigation procedures of the UK Parliamentary Commissioner for Administration, which was the first ombudsman established.
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Asian Paint Bangladesh Ltd
This document provides an assignment submitted by six students on interpreting statutes in common law and civil law systems. It begins with definitions of common law and outlines several principles of statutory interpretation used in common law, including literal construction, the mischief rule, and the golden rule. It also briefly defines civil law and notes it will discuss the civil law approach to interpretation. The document contains a table of contents outlining the topics it will cover related to interpreting statutes in different legal systems.
Sub-delegated legislation refers to the further delegation of legislative powers granted by statute to an executive authority to another subordinate body. Sub-delegation is permitted when expressly authorized by statute or necessarily implied. However, judicial or quasi-judicial powers cannot be sub-delegated without statutory authorization. While sub-delegation may be necessary for implementation, it reduces accountability and transparency if taken to multiple levels removed from the original statute, making the law difficult for the public to access.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
This document discusses fundamental rights under the Indian constitution. It covers four parts:
1) It defines fundamental rights and the six rights that are protected: right to equality, freedom, anti-exploitation, religion, education and remedies.
2) It specifies that these rights protect individuals from the state but not private individuals, and defines what constitutes an agency of the state.
3) It discusses habeas corpus, the writ to have a detained person brought before the court.
4) It introduces several doctrines related to fundamental rights: severability, eclipse, and waiver.
The document discusses the doctrine of repugnancy in Indian law. It defines repugnancy as an inconsistency between two legal instruments. Repugnancy can arise in three situations - direct conflict between laws, when laws cover the same field, or when a law is intended to occupy a field. For repugnancy to be established, the inconsistencies must be irreconcilable. The Supreme Court has interpreted that in cases of repugnancy, the Central law will prevail over the State law. The document outlines several cases that discuss applying the repugnancy doctrine when Central and State laws conflict.
Section 11 of the Indian Evidence Act discusses when facts not otherwise relevant can become relevant in legal cases. It provides two conditions: (1) if the facts are inconsistent with facts in issue or other relevant facts, or (2) if the facts alone or in connection with other facts make the existence or non-existence of a fact in issue highly probable or improbable. The document then provides examples of how facts could meet these conditions, such as establishing an alibi to show someone was elsewhere during a crime. It also discusses the burden of proof for establishing an alibi defense and considerations around the credibility of alibis.
This document provides an overview of public maladministration and remedies available to address it. It defines maladministration broadly as improper administrative action or inaction resulting from improper considerations. There are three types of remedies: managerial, which focuses on reforms; legal, which involves enacting administrative laws; and political, which emphasizes openness, legislative oversight, and citizen participation. The document also discusses the ombudsman model as a remedy, describing the historical tradition and legal definitions of an ombudsman. It provides details on the jurisdiction, complaints process, and investigation procedures of the UK Parliamentary Commissioner for Administration, which was the first ombudsman established.
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Asian Paint Bangladesh Ltd
This document provides an assignment submitted by six students on interpreting statutes in common law and civil law systems. It begins with definitions of common law and outlines several principles of statutory interpretation used in common law, including literal construction, the mischief rule, and the golden rule. It also briefly defines civil law and notes it will discuss the civil law approach to interpretation. The document contains a table of contents outlining the topics it will cover related to interpreting statutes in different legal systems.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
The document analyzes the landmark case of Maneka Gandhi vs Union of India. It provides background on the interpretation of personal liberty under Article 21 prior to this case. The case involved the impounding of Maneka Gandhi's passport by the government under the Passports Act. The Supreme Court expanded the scope of Article 21, holding that any law depriving personal liberty must satisfy due process and be tested against Articles 19 and 14 as well. This established that personal liberty is a broad concept that includes various fundamental rights, and that the procedure for depriving it must be fair, just and not arbitrary. The case widened the interpretation of personal liberty and its relationship with other constitutional rights.
Parliamentary control of Delegated Legislationraikhanna
This document discusses parliamentary control of delegated legislation in India. It outlines the Lok Sabha and Rajya Sabha committees on subordinate legislation that scrutinize delegated legislation. The committees make observations and recommendations to improve oversight. Parliament also exercises direct general control through debates, questions, resolutions, votes on grants, and private members' bills. The document also compares parliamentary control of delegated legislation in India, the US, and England.
Representative Suit / What is Representative suit / representative suit in de...Asif Mohammad ALFAYED
Representative suits allow one or more persons to file a suit on behalf of themselves and others who have the same interest in the matter. Order 1 Rule 8 of the Code of Civil Procedure lays out the process for representative suits. It allows for one or more persons from a group with the same interest to file a suit on behalf of all members of the group, with permission of the court. Notice must also be provided to all interested parties. The key purposes of representative suits are to avoid conflicting judgments, reduce court expenses and complications, and allow for matters to be determined in a single trial. Permission for a representative suit can be granted at any stage of litigation, including the appellate stage. Representative suits differ from personal suits in that personal
The document discusses constitutional law and Article 13 of the Indian Constitution regarding the enforcement of laws relating to fundamental rights. It explains that pre-constitutional laws were initially valid but could become void if violating constitutional provisions. It describes the doctrine of judicial review under Article 13 and discusses key concepts like the doctrine of severability, doctrine of eclipse, doctrine of parens patriae, and doctrine of waiver. It also summarizes several important Supreme Court cases related to Article 13 and the constitutional amendment power.
This document provides an overview of online legal research sources and techniques. It begins by listing the presenter's contact information. It then discusses primary legal authorities like statutes and case law, and secondary sources like articles and treatises. The document recommends starting legal research with secondary sources to help understand the law. It evaluates the strengths and weaknesses of using the internet for legal research. Several comprehensive legal websites are also introduced as good starting points for research.
This document discusses the doctrine of eclipse in Indian constitutional law. It explains that the doctrine emanates from Article 13(1), which states that pre-constitutional laws that are inconsistent with fundamental rights are not completely void, but rather remain in a dormant state and can become operative again if the fundamental right is amended. The doctrine holds that inconsistent pre-constitutional laws are not nullified, but rather remain "hidden" behind fundamental rights. The document provides examples of cases where the doctrine was applied, such as Keshav Madhav Menon v. State of Bombay.
This document discusses the concept of judicial review in India. It defines judicial review as the power of courts to review laws enacted by the legislature and declare them unconstitutional. It outlines that judicial review originated in the US and was later incorporated into the Indian constitution. The document discusses important cases where judicial review was exercised in India and explains that the power helps maintain the balance of federalism and protect fundamental rights. It also lists the relevant constitutional provisions and scope of judicial review in India.
This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides 5 headings:
1. Textbooks - Courts may refer to textbooks by jurists and scholars to understand the true meaning of a statute, though they are not bound by opinions expressed.
2. Parliamentary History - Earlier courts used legislative history to understand a provision, but it is now established that parliamentary debates are not admissible.
3. Previous Legislation - The history of previous related acts may be considered to interpret the same words used in different sections of a consolidated code.
4. Dictionaries - Dictionaries can be referred to find the real sense of words not defined in an act
The document discusses cooperative federalism in India, the United States, Australia, and Canada. It defines cooperative federalism as involving interaction between national, state, and local governments to solve common problems. In India, cooperative federalism is depicted through provisions in the constitution like the Seventh Schedule, All India Services, Zonal Councils, NITI Aayog, and GST. Mechanisms of cooperative federalism in other countries include intergovernmental agreements, delegation of powers, and executive/judicial cooperation. While India's constitution incorporates some elements of cooperative federalism, the central government still maintains superiority over states.
Basic Structure Doctrine of Indian ConstitutionAngelina Naorem
The basic structure doctrine is a judge-made doctrine that limits the amending powers of the Indian Parliament. According to this doctrine, certain features of the Indian Constitution are part of its basic structure and cannot be altered even through constitutional amendments. The doctrine emerged from the Kesavananda Bharati case in 1973, where the Supreme Court ruled that while Parliament has the power to amend the Constitution, it cannot change its basic structure or framework. The basic structure includes features like democracy, secularism, separation of powers, and judicial review. The doctrine was established to balance parliamentary sovereignty with protecting the basic foundations of the Indian Constitution.
Article 16 of the constitution of indiaAmulya Nigam
This document discusses constitutional rights protecting women in India. It summarizes that the Constitution of India guarantees equality for all Indian women under Article 14, prohibits discrimination by the state under Article 15(1), and provides for equality of opportunity in public employment under Article 16. Article 16 specifically ensures equality of opportunity in matters of public employment without discrimination based on religion, race, caste, sex, etc. The document also discusses two Supreme Court cases, Air India v Nargesh Mirza and Randhir Singh v. Union of India, related to Article 16 and the principles of equal pay for equal work. It then summarizes the Vishakha v. State of Rajasthan case which laid down guidelines against sexual harassment at work
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document summarizes Section 164 of the Criminal Procedural Code of India regarding the recording of confessions and statements. It discusses that only judicial magistrates have the power to record confessions, not police officers. It outlines the procedures a magistrate must follow, such as ensuring any confession is made voluntarily and explaining that the accused does not have to confess. It discusses what information must be included in the recording and how it is handled and transmitted going forward. It also provides examples of related cases that further clarify interpretation and application of this section.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
Red, green and amber light theories of administrative lawPlutus IAS
The document discusses the red, green, and amber light theories of administrative law. The red light theory advocates for judicial intervention to curb executive overreach, while the green light theory believes administration should have flexibility. The amber light theory seeks a balance, allowing some control over administrative decisions but also setting standards to facilitate effective governance. Court rulings have found that routine operations should be left to administrators, with judicial review only if actions fall outside legal boundaries.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
Regulatory functions involve implementing and enforcing laws and regulations through administrative actions like rule-making, inspections, licensing, and orders. Regulatory agencies regulate activities to achieve economic, social, health, safety, and general welfare goals. Corruption risks in regulatory functions include conflicts of interest, bribery to influence regulatory decisions, and presenting false information. Agencies should support regulators through guidance on handling corruption, community awareness of rights and responsibilities, and accountability measures.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
The document analyzes the landmark case of Maneka Gandhi vs Union of India. It provides background on the interpretation of personal liberty under Article 21 prior to this case. The case involved the impounding of Maneka Gandhi's passport by the government under the Passports Act. The Supreme Court expanded the scope of Article 21, holding that any law depriving personal liberty must satisfy due process and be tested against Articles 19 and 14 as well. This established that personal liberty is a broad concept that includes various fundamental rights, and that the procedure for depriving it must be fair, just and not arbitrary. The case widened the interpretation of personal liberty and its relationship with other constitutional rights.
Parliamentary control of Delegated Legislationraikhanna
This document discusses parliamentary control of delegated legislation in India. It outlines the Lok Sabha and Rajya Sabha committees on subordinate legislation that scrutinize delegated legislation. The committees make observations and recommendations to improve oversight. Parliament also exercises direct general control through debates, questions, resolutions, votes on grants, and private members' bills. The document also compares parliamentary control of delegated legislation in India, the US, and England.
Representative Suit / What is Representative suit / representative suit in de...Asif Mohammad ALFAYED
Representative suits allow one or more persons to file a suit on behalf of themselves and others who have the same interest in the matter. Order 1 Rule 8 of the Code of Civil Procedure lays out the process for representative suits. It allows for one or more persons from a group with the same interest to file a suit on behalf of all members of the group, with permission of the court. Notice must also be provided to all interested parties. The key purposes of representative suits are to avoid conflicting judgments, reduce court expenses and complications, and allow for matters to be determined in a single trial. Permission for a representative suit can be granted at any stage of litigation, including the appellate stage. Representative suits differ from personal suits in that personal
The document discusses constitutional law and Article 13 of the Indian Constitution regarding the enforcement of laws relating to fundamental rights. It explains that pre-constitutional laws were initially valid but could become void if violating constitutional provisions. It describes the doctrine of judicial review under Article 13 and discusses key concepts like the doctrine of severability, doctrine of eclipse, doctrine of parens patriae, and doctrine of waiver. It also summarizes several important Supreme Court cases related to Article 13 and the constitutional amendment power.
This document provides an overview of online legal research sources and techniques. It begins by listing the presenter's contact information. It then discusses primary legal authorities like statutes and case law, and secondary sources like articles and treatises. The document recommends starting legal research with secondary sources to help understand the law. It evaluates the strengths and weaknesses of using the internet for legal research. Several comprehensive legal websites are also introduced as good starting points for research.
This document discusses the doctrine of eclipse in Indian constitutional law. It explains that the doctrine emanates from Article 13(1), which states that pre-constitutional laws that are inconsistent with fundamental rights are not completely void, but rather remain in a dormant state and can become operative again if the fundamental right is amended. The doctrine holds that inconsistent pre-constitutional laws are not nullified, but rather remain "hidden" behind fundamental rights. The document provides examples of cases where the doctrine was applied, such as Keshav Madhav Menon v. State of Bombay.
This document discusses the concept of judicial review in India. It defines judicial review as the power of courts to review laws enacted by the legislature and declare them unconstitutional. It outlines that judicial review originated in the US and was later incorporated into the Indian constitution. The document discusses important cases where judicial review was exercised in India and explains that the power helps maintain the balance of federalism and protect fundamental rights. It also lists the relevant constitutional provisions and scope of judicial review in India.
This document discusses various internal and external aids that courts use to interpret statutes and legislation. It provides 5 headings:
1. Textbooks - Courts may refer to textbooks by jurists and scholars to understand the true meaning of a statute, though they are not bound by opinions expressed.
2. Parliamentary History - Earlier courts used legislative history to understand a provision, but it is now established that parliamentary debates are not admissible.
3. Previous Legislation - The history of previous related acts may be considered to interpret the same words used in different sections of a consolidated code.
4. Dictionaries - Dictionaries can be referred to find the real sense of words not defined in an act
The document discusses cooperative federalism in India, the United States, Australia, and Canada. It defines cooperative federalism as involving interaction between national, state, and local governments to solve common problems. In India, cooperative federalism is depicted through provisions in the constitution like the Seventh Schedule, All India Services, Zonal Councils, NITI Aayog, and GST. Mechanisms of cooperative federalism in other countries include intergovernmental agreements, delegation of powers, and executive/judicial cooperation. While India's constitution incorporates some elements of cooperative federalism, the central government still maintains superiority over states.
Basic Structure Doctrine of Indian ConstitutionAngelina Naorem
The basic structure doctrine is a judge-made doctrine that limits the amending powers of the Indian Parliament. According to this doctrine, certain features of the Indian Constitution are part of its basic structure and cannot be altered even through constitutional amendments. The doctrine emerged from the Kesavananda Bharati case in 1973, where the Supreme Court ruled that while Parliament has the power to amend the Constitution, it cannot change its basic structure or framework. The basic structure includes features like democracy, secularism, separation of powers, and judicial review. The doctrine was established to balance parliamentary sovereignty with protecting the basic foundations of the Indian Constitution.
Article 16 of the constitution of indiaAmulya Nigam
This document discusses constitutional rights protecting women in India. It summarizes that the Constitution of India guarantees equality for all Indian women under Article 14, prohibits discrimination by the state under Article 15(1), and provides for equality of opportunity in public employment under Article 16. Article 16 specifically ensures equality of opportunity in matters of public employment without discrimination based on religion, race, caste, sex, etc. The document also discusses two Supreme Court cases, Air India v Nargesh Mirza and Randhir Singh v. Union of India, related to Article 16 and the principles of equal pay for equal work. It then summarizes the Vishakha v. State of Rajasthan case which laid down guidelines against sexual harassment at work
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document summarizes Section 164 of the Criminal Procedural Code of India regarding the recording of confessions and statements. It discusses that only judicial magistrates have the power to record confessions, not police officers. It outlines the procedures a magistrate must follow, such as ensuring any confession is made voluntarily and explaining that the accused does not have to confess. It discusses what information must be included in the recording and how it is handled and transmitted going forward. It also provides examples of related cases that further clarify interpretation and application of this section.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
Red, green and amber light theories of administrative lawPlutus IAS
The document discusses the red, green, and amber light theories of administrative law. The red light theory advocates for judicial intervention to curb executive overreach, while the green light theory believes administration should have flexibility. The amber light theory seeks a balance, allowing some control over administrative decisions but also setting standards to facilitate effective governance. Court rulings have found that routine operations should be left to administrators, with judicial review only if actions fall outside legal boundaries.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
Regulatory functions involve implementing and enforcing laws and regulations through administrative actions like rule-making, inspections, licensing, and orders. Regulatory agencies regulate activities to achieve economic, social, health, safety, and general welfare goals. Corruption risks in regulatory functions include conflicts of interest, bribery to influence regulatory decisions, and presenting false information. Agencies should support regulators through guidance on handling corruption, community awareness of rights and responsibilities, and accountability measures.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
This document provides an overview of administrative agencies. It begins by defining administrative agencies as government bodies authorized to implement legislative directives by developing precise rules. It identifies reasons for creating agencies, such as providing specificity, protection, and services that the legislature cannot. The document distinguishes executive agencies, which are accountable to the executive branch, from independent agencies, which are accountable to the legislature. It examines the purposes of agencies, which include regulation, enforcement, and administration of government services.
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
Maintaining the Business Case for Equality - Reducing Risk and Ensuring Compl...SWF
The document discusses the dismantling of individual rights and attacks on equality and human rights in the UK. It summarizes the findings of a review of the Public Sector Equality Duty (PSED) in Wales, which found that the PSED raised the profile of equality and provided a structure for equality work, but that organizations faced challenges from a lack of clear guidance. It also outlines budget savings from various welfare reforms in the UK totaling over £5 billion.
The Privatization Of Public Economic Enterprises In TurkeyCOSKUN CAN AKTAN
The document discusses the privatization of public economic enterprises in Turkey. It outlines that public enterprises played a role in industrialization until the 1960s, but then became a burden due to lack of competition and political interference. Turkey began a privatization program in 1985 to address these issues. The objectives of the program were to make the economy more market-driven and increase efficiency. A legal framework was established in the 1980s and 1990s to oversee the privatization process. Enterprises are privatized through methods like sales, leasing, and profit-sharing. Value and enterprises are assessed through commissions before being tendered through sealed bids, negotiation, auction, or bids among designated parties.
Legislative operations during a lapse in appropriationsDocJess
The document provides guidance from the Committee on House Administration on legislative operations during a lapse in appropriations. It outlines which House operations and employees are considered essential versus non-essential. Essential employees include those involved in constitutional responsibilities, protecting human life, or protecting property. Non-essential employees will be furloughed without pay. The guidance addresses salary, benefits, notifications during a furlough, and other operational questions.
Legislation and Delegated Legislations are the most common topics for the law students in Bangladesh. In Most of the cases these topics are included under the syllabus of Jurisprudence and Administrative Law.
This document provides an introduction to government regulation and administrative law. It discusses how capitalism can lead to market failures that require government regulation. This need for regulation gave rise to independent agencies and the body of law governing them, known as administrative law. The document outlines the purposes and rise of economic and social regulation. It also summarizes key aspects of administrative law, such as rulemaking and adjudication procedures, and the functions and activities of regulatory agencies.
Careers Australia Question 2 activity one good one ca Bluecare
It is necessary for an individual with a medical condition that could become life-threatening to notify their supervisor if they work alone or after hours. This is because the Work Health and Safety Act 2011 requires employers to manage risks to health and safety, including eliminating or minimizing risks. Notifying a supervisor of a medical condition allows risks to be properly managed in case of an emergency when the individual is working alone.
This document provides an overview of certain legal issues and responsibilities for the Recycling for Disadvantaged Children's Board. It discusses that RDC is governed by Oregon nonprofit corporation law and must operate exclusively for educational and scientific purposes to maintain its 501(c)(3) tax-exempt status. The board of directors has fiduciary duties of care, loyalty, and obedience. Volunteers are generally protected from liability under the Volunteer Protection Act but RDC remains responsible. The document provides examples of legal issues RDC may face and advises seeking legal counsel in various situations.
The Disability Discrimination Act introduced a disability equality duty for public authorities in 2005. The general duty requires public authorities to consider how their functions impact disabled people and promote disability equality. The specific duty requires public authorities to publish a Disability Equality Scheme, involve disabled people in its development, and review it every three years. Disability Equality Schemes must include an action plan, arrangements for gathering disability impact information, and an annual report. Public authorities can be challenged in court for not complying with their general or specific duties. Lawyers can use the duties to gather evidence of discrimination or challenge potentially discriminatory policies and legislation.
The document discusses financial autonomy for state assemblies in Nigeria, including its prospects, benefits, and challenges. Financial autonomy refers to an institution's ability to manage its financial affairs independently without external influence. It entails that an entity can receive its own budget allocation directly and manage finances without interference. Financial autonomy is seen as essential for effective separation of powers and independence of the legislature. It can improve legislative quality, oversight functions, and overall service delivery. However, it also faces challenges such as undue executive dominance and need for transparency. Remedies include capacity building, expertise hiring, and cooperation between government branches.
Nature, Scope and Development of administrative Law_2022-04-23_16-34.pdfAbhinavJain144743
Administrative law defines the relationship between individuals and the state. It deals with the organization, powers, and duties of administrative authorities and the procedures they follow in exercising their powers. Administrative law provides judicial review of administrative actions and remedies for when public rights are violated. In India, administrative law is largely judge-made law developed through judicial interpretation to address changing needs. The scope of administrative law is limited to the establishment, powers, and procedures of administrative agencies as well as remedies for infringed rights. It has grown due to the changing role of the welfare state, limitations of the judicial system, need to delegate powers, and ability to experiment with administrative rules.
This document discusses the relationship between different levels of government in India. It covers:
1) The central-state relationship in terms of legislative, administrative, and financial relationships as defined in the Indian constitution. The central government has control over defense, foreign affairs, and economic policy while states have control over areas like agriculture, education, and law and order.
2) The state-local relationship in terms of institutional, administrative, technical, and financial control exercised by states over local bodies. This control is meant to ensure local bodies operate within the law and achieve their goals.
3) Different techniques states use to control local bodies including powers of inspection, dissolution, suspension of resolutions/works, and removal of leaders
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Administrative Agencies.pptx
1. Masters Program of ILG
Legal Frameworks for Governance (LGG-
5011)
FASILITATOR:- Serkaddis Zegeye
(PhD)
Asst. Prof.
Oct. 2018
Institute of Leadership and Good Governance
By Serkaddis Zegeye (PhD)
3. Contents of the unit
4.1. Meaning of Administrative Agencies
4.2. Formation of Administrative Agencies
4.3. Reasons for Creating Administrative Agencies
4.4. Purposes of Administrative Agencies
4.5. Functions of Administrative Agencies
4.6. Structure of Administrative Agencies
4.7. Controlling Administrative Agencies
4.8. Judicial Review of Administrative Acts
4.9. The Ethiopian Civil Service
By Serkaddis Zegeye (PhD)
4. 4.1. Meaning of Administrative Agencies
Black‘s Law Dictionary defines
administrative agency as:-
“a governmental body with the authority
to implement and administer legislations
and policies to meet already set goals”
By Serkaddis Zegeye (PhD)
5. ….Meaning of Administrative Agencies
According to the New York Administrative
Procedure act, “An agency refers to any
department, bureau, commission, division,
council, committee…of a state or a public
corporation or public authority at least one
of whose members is appointed by the
government, authorized by law to make rules
or to make final decisions in adjudicatory
proceedings.”
By Serkaddis Zegeye (PhD)
6. 4.2. Formation of Administrative Agencies
Administrative agencies in Ethiopia can be
formed/created in two ways: by the Constitution
and by the Parliament
1. Agencies created by the FDRE Constitution
– The Ethiopian Institution of Ombudsman
– The Ethiopian Human Rights Commission
– The National Election Board
– The Auditor General
– The Population and Census Commission
These agencies are made accountable to the
House of Peoples’ Representatives.
By Serkaddis Zegeye (PhD)
7. …Formation of Administrative Agencies
2. Agencies created by Parliament
Agencies can also be created by the House of Peoples’
Representatives through an establishment proclamation
All the agencies under the executive organ of the FDRE
are supposed to be created and determined by
proclamations issued by the HPR
These executive bodies include ministries and other
bodies accountable to the Ministries, the Council of
Ministers or the Prime Minister.
By Serkaddis Zegeye (PhD)
8. …Formation of Administrative Agencies
• The Parliament can also establish or dissolve
executive bodies at any time through an
amendment or re-establishment proclamation
• The Parliament can change the accountability of
the agencies
– Example: The Charities and Societies Agency was first
accountable to the Ministry of Justice; now it is
accountable to the Ministry of Federal Affairs
• The Council of Ministers has the mandate to re-
structure executive bodies
By Serkaddis Zegeye (PhD)
9. 4.3. Reasons for Creating Administrative Agencies
• In general, administrative agencies are
created for three reasons:-
1. To provide specificity
2. To provide protection
3. To provide services
By Serkaddis Zegeye (PhD)
10. a) Providing Specificity
• The law making body cannot legislate in
sufficient detail to cover all aspects of problems.
• This is because the law making body lacks:-
– time and detail expertise in each aspect of problem.
– personnel to handle multitude of cases.
• Thus, the law making body issues a general
substantive law and creates an administrative
agency to implement the law
• The HPR may also mandate the Council of
Ministers to issue regulations to further specify
the relevant proclamation
By Serkaddis Zegeye (PhD)
11. b) Providing Protection
• An administrative agency may also be
established to prevent the people from the
harms by the business community
• Examples:
– The Environmental Protection Authority
– The Food and Medicine Control Agency
– The Educational Quality Agency
By Serkaddis Zegeye (PhD)
12. c) Providing Services
• Administrative agencies are also established to
provide public services
• Usually, the services provided by
administrative agencies are:
– Welfare programs
– Social security programs
• Example:
– The Ethiopian Social Security Agency
By Serkaddis Zegeye (PhD)
13. 4.4. Purposes of Administrative Agencies
The central purpose of administrative agencies is to
minimize the negative impacts of a free economy by
carrying out the following:
1. To control monopoly power
2. To control excess profit
3. To compensate for externalities/ Spillovers
4. To compensate for inadequate information
5. To compensate for unequal bargaining of power
6. Government exactions
7. Disbursement of money or other commodities
8. Provision of goods and services
By Serkaddis Zegeye (PhD)
14. …Purposes of Administrative Agencies
1. To control monopoly power
• The purpose is to replace or to control
competition by monopoly with regulations
• Examples:-
– regulation of banking,
– regulation of labor relations.
2. To control excess profit
• This is because excess profit endangers the laws
of free market and pose a danger to consumers.
By Serkaddis Zegeye (PhD)
15. …Purposes of Administrative Agencies
3. To compensate for Spillovers
• A government agency must require all
companies to make investments to avoid the
social and economic costs.
• Example:- a manufacturing process that
creates
– air pollution for which society pays
– the clean up costs.
By Serkaddis Zegeye (PhD)
16. … Purposes of Administrative Agencies
4. To compensate for inadequate information
• Purchasers of food, for instance, cannot analyze the
nutritional content or the health hazards of various food
products. So that there has to be some organ that ensures
these tests are fulfilled.
5. To compensate unequal bargaining of powers
• Contracts between banks & customers, insurers &
insured, employees & employers are adhesive in their
nature.
• An agency sets minimum standards to minimize the effect
of unequal bargaining of power.
By Serkaddis Zegeye (PhD)
17. … Purposes of Administrative Agencies
6. Government exactions
• Because of the natural/traditional powers and
responsibilities some agencies need to exact.
• Examples:
– collection of taxes
– military conscription or involuntary labor/service.
7. Disbursement of money or other commodities
• Agencies disburse public money as payment of pensions for
veterans or assistance for the aged, the disabled, the
unemployed and generally the needy.
• The payments and/or the disbursement may be directly
through cash or food rations.
By Serkaddis Zegeye (PhD)
18. … Purposes of Administrative Agencies
8. Provision of goods and services
• Building and maintaining roads, high ways and
dams
• Provision of police force and other protective
services.
• Funding public education and health services
and Provision of public housing.
By Serkaddis Zegeye (PhD)
19. 4.5. Functions of Administrative Agencies
• Administrative agencies are
expected to undertake the
following three major functions
–Rule making
–Implementation/execution
–Adjudication
By Serkaddis Zegeye (PhD)
20. …Functions/powers/ of Administrative Agencies
a) Rule Making
The delegation of rule making by the legislature to
administrative agencies involves a number of
issues
♠ The legislature should provide adequate guidelines
for the agencies through substantive legislation
♠ The agencies are expected to put into effect the
intentions of the legislature based on substantive laws
♠ In doing so, they are expected to work within their
mandates set by the legislature
♠ Any administrative rule not consistent with the
substantive proclamation or regulations will be invalid
By Serkaddis Zegeye (PhD)
21. …Functions of Administrative Agencies
b) Implementation
• Administrative agencies are primarily executive bodies;
thus, implementation of the law is their core function
• Typically, this involves investigative and advisory
powers
• This function of administrative agencies should be
exercised within the mandates set by the legislature in
the establishment laws
• If an agency exceeds the substance of the law or its
mandate, it will be a case of ultra vires (beyond the
powers)
By Serkaddis Zegeye (PhD)
22. …Functions of Administrative Agencies
c) Adjudication
• Administrative agencies apply the law to resolve disputes
within their mandates
• Enforcement of law demands imposition of sanction and
taking administrative measures and decisions
• The decisions may greatly affect individuals’ rights and
benefits
• Examples:
– revocation of license
– deportation of aliens
– dismissal of a civil servant
– dismissal of a university student
• These functions are normally subject to review or appeal
procedures within the agency and/or the ministry it is
accountable to
By Serkaddis Zegeye (PhD)
23. Discretionary Powers
• It is a power granted either under statute or
delegation which do not impose a duty on the
decision-maker to exercise them in a particular
way.
• It is freedom to decide in one way or the other in
which the decision-maker has the power to make
a choice about whether to act or not to act.
• The use of the word ‘includes’ or a list which
ends with a catch-all expression such as ‘any
other matters that in the opinion of the decision-
maker are relevant
By Serkaddis Zegeye (PhD)
24. … Discretionary Powers
Principles Guiding Use of Discretionary Power
• Use discretionary power in good faith and for a
proper purpose.
• Any decision must be based on logical
justifications and consider only relevant issues
• Give proper, genuine and realistic consideration
to the merits of the particular case.
By Serkaddis Zegeye (PhD)
25. …Discretionary Powers
• Do not make decisions in matters that have an
actual or reasonably perceived conflict of
interests.
• Do not Improperly fetter your own discretion
and do not exercise discretion in a way that is
so unreasonable.
• Do not exercise discretionary power in such a
way that the result is uncertain and the
procedure is unfair.
By Serkaddis Zegeye (PhD)
26. 4.6. Structure of Administrative Agencies
• Structure of agency greatly varies depending on
the form of government, nature of policies and
programs it is expected to accomplish.
• In Ethiopia, council of ministers determine the
structure/organization of administrative agencies
(Art. 77/2 of 1995 FDRE Constitution).
• The enabling/establishing act greatly influences
the form, power, structure and organization that
an agency assumes.
By Serkaddis Zegeye (PhD)
27. 4.7. Controlling Administrative Agencies
• The amalgamation of legislative, executive
and judicial functions in the administrative
agencies entail the need for control by the
three branches of government
• Thus, administrative agencies are subject to
control by:-
– Legislative branch
– Executive branch
– Judicial branch
By Serkaddis Zegeye (PhD)
28. …Controlling Administrative Agencies
a) Legislative Political Control
• Legislative control is the cornerstone of a well
functioning democratic system.
• Political leaders have obligation to answer to the public
for their actions and decisions (Art.12).
• Political accountability has a dual purpose.
1. To check the powers of political leaders, preventing
them from ruling in an arbitrary or abusive manner.
2. To ensure that governments operate effectively and
efficiently.
By Serkaddis Zegeye (PhD)
29. …Controlling Administrative Agencies
Political accountability is implemented by:-
1. Budgetary control (Art.55/11)
2. Questioning power (Art.55/17,18)
3. Appointment of government officials
(70/1&2,74/2)
By Serkaddis Zegeye (PhD)
30. …Controlling Administrative Agencies
b) Executive Control
• Determining the organizational set up (77/2)
• Coordinating their activities (74/4)
• Appointment of officials (74/9)
• Supervision of implementations (74/5,6) by:-
– issuing directives (77/13)
– requiring report (74/11)
– controlling the activity (77/4)
By Serkaddis Zegeye (PhD)
31. …Controlling Administrative Agencies
c) Judicial control (Art.82)
• Judicial control has two aspects
1. Judicial review of administratively made rules
• Constitutional courts
• Ordinary courts of law
2. Judicial review of administrative related to:-
• decisions
• acts of an agency
By Serkaddis Zegeye (PhD)
32. …Controlling Administrative Agencies
d) Control by Democratic Institutions
• Two national institutions also control
administrative agencies
– The Ombudsman
– The Human Rights Commission
• Ombudsman is an independent institution who has
the power to receive complaints about mal
administration, conducts investigation and finally
submits its findings and recommendations to the
parliament.
• Powers of the ombudsman:-
– Make recommendations to the mal-administering agency.
– No power to make a binding decision.
– Make recommendations to parliament.
By Serkaddis Zegeye (PhD)
33. …Controlling Administrative Agencies
• The Human Rights Commission ensures that the human
and democratic rights provided for under the FDRE are
respected/protected/promoted by citizens, organs of state,
political organizations and other associations.
• It ensures that laws, regulations, directives and
administrative decisions do not contravene the human
rights of citizens guaranteed by the FDRE constitution.
• Human Rights Commission undertakes investigation on
human rights violation issues.
• Human Rights Commission submits a report to the HPR on
matters of human right
By Serkaddis Zegeye (PhD)
34. …Controlling Administrative Agencies
e) Other Institutions
Ethics and Anti-Corruption Commission
• Studies or caused to be studied the practices and
procedures in public offices and enterprises to secure the
revision of methods of work which may be conducive to
corrupt practices and follow their implementation.
• Inform or remind the concerned body when deemed
essential to take the proper measure.
• Give decision, advise or assist on the same.
• Investigate alleged complaints
• Prosecute any alleged suspected corruption offences.
By Serkaddis Zegeye (PhD)
35. …Controlling Administrative Agencies
Office of the Federal Auditor General
• Conducting financial, performance and
compliance audit.
• Notify its audit findings to the audited organ
• If the audit finding shows that a crime has
been committed, the office shall notify the
same to the concerned body.
By Serkaddis Zegeye (PhD)
36. 4.8. Judicial Review of Administrative Acts
• JR is the idea that actions of the executive and
legislative branches of government are subject to
review and possible to invalidation by the judicial
branch.
• JR is also defined as a procedure whereby final
administrative actions for which all available
administrative remedies have been exhausted are to be
re-examined by courts upon compliant of persons
aggrieved by the actions of the agency.
• Judicial Review of Administrative Acts originated in the
US legal system (Marbury Vs Madison ,1803).
By Serkaddis Zegeye (PhD)
37. …Judicial Review of Administrative Acts
4.8.1. Grounds for Judicial Review
• Judicial review can be conducted based on two
grounds:-
– Constitutionality/Constitutional ground
– Other legally recognized grounds.
By Serkaddis Zegeye (PhD)
38. …Judicial Review of Administrative Acts
a) Constitutionality
1. If any decision, act or law made by the
executive is inconsistent with the constitution,
it will be of no effect (Art. 9(1) of FDRE
constitution).
2. If the manner, the law, act or decision made is
irrational, illegal or procedurally improper, the
decision could not be implemented.
By Serkaddis Zegeye (PhD)
39. …Judicial Review of Administrative Acts
b) Illegality (Ultra vires)
• Ultra vires can be defined as lack of
jurisdiction or excising beyond jurisdiction.
• Decision is made by a wrong person and abuse
of discretion.
• When legally un-delegable power is delegated.
By Serkaddis Zegeye (PhD)
40. …Judicial Review of Administrative Acts
c) Irrationality
• No reasonable/ rational authority could ever have
come to it.
• Arbitrariness of the decision of administrative
agencies.
d) Procedural Impropriety
• Procedures prescribed by statute have not been
followed or
• if the rules of natural justice have not been
adhered properly.
By Serkaddis Zegeye (PhD)
41. …Judicial Review of Administrative Acts
E) Which Court is Competent to Conduct JR?
• Common law countries entrust their ordinary courts to
conduct judicial review.
• In Civil law Countries, special administrative courts are
entrusted to review the decisions of the administrative
branch of the government based on legally recognized
grounds.
Out comes of Judicial Review
• Affirmation
• Modification
• Reversal
By Serkaddis Zegeye (PhD)
42. 4.9. The Ethiopian Civil Service
• Civil service is the branch of public service
that is not legislative, judicial or military.
• Historically, the civil service lacked autonomy
and accountability to citizens.
• The civil service reform program was launched
to do away with such gaps.
By Serkaddis Zegeye (PhD)
43. …. The Ethiopian Civil Service
• Features of the civil service
• Merit based employment
• Political neutrality???
• Job security
• Organization of the civil service
• Administrative class/the management
• Executive class(example:- experts)
• Supporting staff
By Serkaddis Zegeye (PhD)
44. …. The Ethiopian Civil Service
Constraints in the public service.
• Scarcity of skilled and qualified manpower
• Inadequate working systems and environment
• Weak performance orientation in management.
General Ethical conducts of the civil servant:-
• Loyalty
• Competence
• Devotion/commitment
• Secrecy/confidentiality
By Serkaddis Zegeye (PhD)
45. …. The Ethiopian Civil Service
The Twelve Ethical Principles of the Civil Service
1. Integrity
2. Honesty
3. Impartiality
4. Loyalty
5. Confidentiality
6. Transparency
7. Accountability
8. Responsiveness
9. Rule of law
10. Exercising legitimate power
11. Serving public interest
12. Playing exemplary role
By Serkaddis Zegeye (PhD)