The Constitutional Status of Upward Power Delegation in Ethiopia: the case of large scale agricultural land administration power
| dc.contributor.advisor | Assefa, Getachew (Associate Professor) | |
| dc.contributor.author | Mideksa, Kelemework | |
| dc.date.accessioned | 2018-10-15T07:31:09Z | |
| dc.date.accessioned | 2023-11-08T11:42:11Z | |
| dc.date.available | 2018-10-15T07:31:09Z | |
| dc.date.available | 2023-11-08T11:42:11Z | |
| dc.date.issued | 2018-01 | |
| dc.description.abstract | Vertical intergovernmental delegation manifests in several federations. Vertical intergovernmental delegation comprises both downward delegation from federal to regional government and inversely from constituent units to the central government. Most federations exercise downward power delegation. However, it is hardly possible to find a federal system which has well-developed practice of upward constitutional power delegation. According to Article 50(9) of the FDRE Constitution, the federal government has the power to delegate some of its constitutional competences to regional states when that is deemed necessary. However, the Constitution is silent regarding upward power delegation. As per Articles 51(5) and 55(2)(a) of the FDRE Constitution, the power to enact laws for “utilization of land and other natural resources” has been given to the federal government. Pursuant to Article 52(2)(d) of the FDRE Constitution, the power to administer land is entrusted in regional states. Regional states started to delegate land administration power over large scale agricultural investments in 2008. This thesis argues upward power delegation has no constitutional basis in Ethiopian federation. In the first place, there is no constitutional provision which empowers regional state governments to delegate power to the federal government. Furthermore, the Constitutional Assembly rejected upward power delegation proposal included in the draft constitution while adopting the constitution. Thirdly, the FDRE Constitution adopts a mechanism for transfer of power from regional states to the federal government, that is only with the blessing of the HoF. In other words, delegation is not a constitutional means to transfer regional states’ competence to the federal government. | en_US |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/12682 | |
| dc.language.iso | en | en_US |
| dc.publisher | Addis Ababa University | en_US |
| dc.subject | Power Delegation in Ethiopia | en_US |
| dc.title | The Constitutional Status of Upward Power Delegation in Ethiopia: the case of large scale agricultural land administration power | en_US |
| dc.type | Thesis | en_US |