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Title: Judicial Review of Administrative Actions: A Comparative Analysis
Authors: Tigist, Assefa
Advisors: Mandefro Eshte(Dr.)
Copyright: Jan-2010
Date Added: 3-May-2012
Abstract: Abstract In the modern world establishment of administrative agencies become a normal trend and the number of these agencies raise in a drastic manner. In most of the time, administration agencies are created to accomplish a certain legally defined act. Inherently these administrative organs have the power of execution. However, through delegation they are also equipped with the power of legislation and quasi- adjudication. The accumulation of these three powers in one organ makes it to be flexible enough to make the appropriate decision. In addition, since they acquire the best experience over the matter they become beneficial to the public. On the other hand, the accumulation of the three powers in one organ is also taken as contrary to the principles of modern government and considered as a potential to be autocrat and a threat to individuals’ right. Together with other mechanisms judicial review is designed as a response to this trait in order to hold public bodies accountable. Judicial review can be understood as a mechanism designed to check whether the decision of the administrative agencies doesn’t trespass the limit defined by law. With this regard, it can also be added that even when the administrative agencies act within the power granted to them, courts can check whether there is arbitrariness, unreasonableness or procedural impropriety in the decision as part of their judicial review function. However, it’s good to note in here that the nature of judicial review doesn’t allow courts to interfere in the agency task. In this research the concept of judicial reviews in general and its relation with the administrative branch of the government will be dealt. Chapter one of this research is devoted to touching up on issues surrounding judicial review. In chapter two the experience of USA and England from the common law country and France and Germany from the civil law countries will be dealt. In the last chapter a sole emphasis will be given to the Ethiopian experience. In doing so an introduction to the concept historical back ground starting from the pre 1931 period up to the present time will be made. Moreover, in the part which analyzes the present legal system attention will be given to the power of Judicial Review of Administrative Actions: A Comparative Analysis v the HOF and courts since they share this judicial review power over the decision of the administrative branch of the government. Finally, the draft administrative law will be analyzed in light of the general jurisprudence of the concept as it is dealt in chapter one and countries experience as it is analyzed in chapter two.
URI: http://hdl.handle.net/123456789/2400
Appears in:Thesis - Law

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