የሕግ አረቃቀቅ ሥርዓት በኢትዮጵያ

ሕግ ማርቀቅ አንዱ እና ዋነኛው የሕግ ሙያ ዘርፍ ነው፡፡ ሕግ ማውጣት የሚያስፈልግበት ዋና ዓላማ የመንግስትን ፖሊሲ ለማስፈፀም ነው፡፡ በዚህም የተነሳ ሕግ የፖሊሲ ማስፈፀሚያ ተደርጎም ይወሰዳል፡፡ የሕግ አረቃቅ ላይ ሊወሰድ የሚገባው ጥንቃቄ እና የአረቃቅ ሂደቱ ሕጉ ከፀደቀ በኋላ የሚኖረው አተገባበር ላይ ቀጥተኛ የሆነ ተፅእኖ ያለው መሆኑ ይታወቃል፡፡ የሕግ አረቃቀቅ በኢትዮጵያ ወጥነት የሚጎድለው፤ ትኩረት የሚሻ እና በሕግ አግባብ ሊመራ የሚገባ ዘርፍ ነው፡፡አሁን ላይ ይህ ዘርፍ በአገር አቀፍ ደረጃ የሚመራበት አንድ ወጥ የሆነ የሕግ ማዕቀፍ የሌለውም ዘርፍ ነው፡፡ ዘርፉ በዚህ አግባብ የሚመራበት የሕግ ማዕቀፍ አለማግኘቱ በሕጎች አረቃቀቅ ጥረት፤ ወጥነት፤ መናበብ፤ እና አፈፃፀም ላይ የራሱ የሆነን አሉታዊ ተፅእኖ እንዳሳደረ ይታመናል፡፡

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Express repeal of delegated Legislation under Ethiopia

"No law, regulation, directive or practice shall, in so far as it is inconsistent with this Proclamation, have force or effect with respect to matters provided for by this Proclamation”.

  1. Introduction

Paradoxically, in most modern societies, the larger proportion of the law—delegated legislation—is not made by elected lawmakers or the proper legislature. To an increasing extent, law in these countries is made through the Executive branch, not the parliament. The common practice for Acts of Parliament to bestow power (through empowering acts) to make regulations, particularly to government Ministers, is an obvious manifestation of this development.

  18482 Hits

The Control of constitutionality of laws - a comparative analysis between Ethiopia and Nigeria

This essay examines the normative contemporary constitutional law question ‘how constitutionality of laws is controlled?’ under Ethiopian and Nigerian Federal Systems. In constitutional terms, both this question and federal systems require a written constitution that serve as a fundamental or basic law and placed hierarchically at the highest peak.

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Legislative proposals and application of human right treaties in Ethiopia

It has often been considered that every addition of a new law in a statute book is amending a prior existing law. As a result, analyzing legislative proposals concerning and affecting rights and privileges under existing and established law continues to be an important subset of Legislative Drafting. A person analyzing the legislative proposal should be familiar with the existing relevant law or know where it can be found. Existing laws, among other things, constitute human rights treaties that a country has ratified and form part of its domestic law – either by way of ‘legislative’ or ‘automatic’ incorporation. Legislative and Automatic incorporation of human rights treaties into domestic law is traditionally known as ‘Dualistic’ and ‘Monistic’ methods, respectively. Regardless of whether a domestic law society is monist or dualist, one way of complying with human rights treaties is through analyzing legislative proposals as to whether domestic draft laws accord with the values and principles enshrined under human rights treaties.
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Modernizing the Legislative and Regulatory Framework of Ethiopia

Before considering the subject matter of this article, a brief explanation of the history of Ethiopian Codes and constitutional development is helpful because it focuses attention on the key issues that I would like to raise. The Ethiopian legal system constitutes the Constitution, international treaties, codified laws, and statues as a primary source of law. This essay, however, limits itself to codified laws and primary legislation.

  16360 Hits