CEU eTD Collection (2013); Tamrat, Malefiya Tesera: Judicial review and competence of administrative tribunals

CEU Electronic Theses and Dissertations, 2013
Author Tamrat, Malefiya Tesera
Title Judicial review and competence of administrative tribunals
Summary Judicial review of the legality of administrative action plays a crucial role in restraining government authorities within their legal remit and protecting individuals’ rights from abuse. However, even though the Ethiopian constitution confers judicial power on courts and requires them to protect individuals’ rights, the different ousting laws enacted by the legislator have excluded various administrative decisions from the review power of courts. This has undermined the inherent judicial power and role of courts in protecting the constitution and the fundamental rights of individuals. Beside this, the impartiality of administrative tribunals and the constitutional base of finality of their decision are argumentative. Hence, in this paper I comparatively analyse judicial power of Ethiopian courts to review the legality of administrative action, and the constitutional base and institutional competence of administrative tribunals to exercise judicial power and render final decision. I show that administrative tribunals have neither constitutional base nor institutional competence to exercise judicial power and render final decision.
Supervisor Boeckenfoerde Markus
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2013/tamrat_malefiya.pdf

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