Administrative law and human rights enforcement.


Administrative law and human rights enforcement. It has been repeatedly stated that as the power of the state expands, it is against the rights and freedoms of citizens. Administrative law recognizes the importance of authority. Effective governance and efficient service delivery are needed, not just tyranny. However, power that deviates from the law and the constitution weighs the benefits. Arbitrary actions, such as ‘I can do whatever I want, I can do whatever I want!’, Undermine the basic right to live, move freely, to speak, to express one’s opinion, and to own property. The role of administrative law in protecting human rights clearly illustrates the connection between the two. In order to better understand the positive impact of the law on the protection and implementation of human rights, it is appropriate to analyze the government’s commitment to human rights. These roles are to protect respect and enforcement. First, the role of government in respecting rights restricts interference from any part of the government when citizens exercise their rights freely. Especially in the so-called basics of living, writing, speaking; To follow the religion of your choice; The rights and freedoms of freedom of movement and property are guaranteed in practice when the government raises its hand. These rights are determined by the government, particularly by the executive and its subordinate administration; Order: They may be endangered by rules and regulations. As the Constitution is the supreme law, not all laws, decisions and practices that contradict this will be enforced. Such a question of constitutionality does not fall into the category of administrative law. However, the question of what constitutes a constitution is more likely to be covered by the administrative law framework. If a directive issued by a governing body violates the human rights of citizens beyond the power of attorney given by the legislature, it is a matter of constitutionality, but it is a matter of legality that must be addressed by the administrative law. To better understand the difference, let’s look at the following instructions from the former Ministry of Revenue and the current Revenue and Customs Authority. No customs officer can strike or strike. The right to peaceful assembly is guaranteed by the FDRE Constitution. Article 30, sub-paragraph 1, which gives him the right, reads as follows: Everyone has the right to freedom of peaceful assembly and association. When a directive is issued by the executive, there must be a clear delegate from the legislature. The directive is beyond the scope of the power of attorney (Ulta vires). It is therefore null and void before the law. When the Ministry of Revenue issued this directive, the proclamation to establish the source of power and the decision of the Customs Authority. 368/1995 refers to Article 8 (2) (c). This legal provision reads as follows. The Ministry of Police, assigned by the Federal Police Commission to enforce customs law, shall operate in accordance with the directives issued by the Federal Police Proclamation. Manages. When disaster strikes, he dismisses it. This article does not authorize the Ministry of Revenue to prohibit customs officers from conducting peaceful demonstrations. This directive, issued without the explicit authorization of the House of Representatives, is neither valid nor enforceable. Administrative law enforces the government’s obligation to respect human rights by enforcing such directives in various ways to prevent the violation of citizens’ rights and freedoms. Government enforcement responsibilities are often social; It is directly related to economic and cultural rights. It is not enough for the government not to interfere in the rights of citizens or to raise its hand. If he does not provide basic services to the citizen, such as health, electricity, water, roads, etc., he will not be free. The relationship between administrative law and human rights can also be examined in terms of the government’s obligation to enforce it. In this regard, the government must strengthen its regulatory and institutional mechanisms to ensure that human rights are not violated, and that it must establish a system of immediate justice for victims of human rights abuses. In short, in order for human rights to be respected, the government needs to formulate, establish, and develop a well-developed administrative law and administrative system.

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