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 by the proper legislature.To an increasing extent, law in these countries is made through the Executive branch not by the parliament.The common practice for Acts of Parliament to bestow power (through empowering acts) to make regulations, particularly to Ministers of the government, is an obvious manifestation of this development. As a general proposition, the making of these delegated legislation are exercised as are specifically delegated by enabling Acts of Parliament and this provides for a basic democratic legitimation of executive rules. Parliament may modify, amend or repeal acts passed by itself or its predecessors. The change on enabling Acts of Parliament-either by way of amendment, revision or repeal-will likely have an impact on delegated legislation made by the Executive.

A close examination of the law making process and existing effective laws in Ethiopia depicts the above fact as well.  Since EPDRF took power in 1991 there are 325 regulations and 313 Proclamations at federal level. Hence, regulations made by different ministries are greater than proclamations passed by the House of Peoples Representatives, i.e. Parliament. These developments have placed Executive branch in a very powerful position. In other words, regulations matters, and matters increasingly.

Thus, this essay explores the relationship between empowering act of parliament and delegated legislation whenever Parliament repeals enabling Act passed by itself. Particularly, the essay examines the change in empowering Act (Proclamation passed by the House of Peoples’ representatives) and the status of delegated legislation (Regulation made by the council of Ministers) in Ethiopian context.

Continue reading
  14138 Hits