Before discussing the jurisdiction of the courts in our country, it is necessary to first make a few points on the content and implementation of the concept. In order to have a clear picture of the place, current situation and future directions of our country’s legal and constitutional system, we must begin by giving a national definition of the concept. What is an Inquiry? Except in the United Kingdom, the United States, France, or any other country, the answer is no. This results from two things. the first; Administrative law is a reflection of a country’s public administration, political and constitutional system and history more than other domestic laws. As a result, the principles and concepts of the Inquisition and other administrative laws differ significantly from country to country.
The second point that accompanies this idea is that any interpretation presented to an inquiry judge provides a partial answer to the basic themes of the concept and its application. Therefore, if we try to copy the divorce from England or France and apply it in our country on loan or in the name of experience, it will be ‘cow dung’. There is no clear picture of the nature and performance of the Inquisition in Ethiopia, and there are only a handful of cases that have been presented to the courts. This caused the concept to be inconsistent.
If we start from the beginning, the question is, is there an inquisitive judiciary in Ethiopia? There is no definite answer to this question. If given, it will not be valid. It is possible to unravel the complexity of the question, break it down into sub-questions, and come up with a concise conclusion. In this way, its existence is based on fact. Here are some questions to be answered. Do our courts have jurisdiction to review and correct the actions of the administration? If so, what is the legal and constitutional basis for their authority? What are the issues that can be considered by the Inquiry? In other words, what administrative functions can the courts investigate? What grounds of judicial review can administrative actions be considered in court? When a client asks for an appeal to be heard by an investigator, what is the procedure that goes from questioning to ‘hearing and decision making’? What decisions can the courts make when an appeal is made to an inquiry? That is, what can the party who has been harmed by the administrative action find in the court? If there is an inquiry in Ethiopia, all the above questions need to be answered. Sometimes there are answers to some questions, but for others it is difficult to find answers. The final conclusion in answering these questions is that judicial activism, even if it is not judicial activism, requires courage to be fully implemented in Ethiopia. Judges, on the one hand, must stand up for the rights and freedoms of individuals and, on the other hand, refrain from interfering in the work of the executive. Although the concept and scope of the Inquisition in general, and its structure in Ethiopia in particular, will be explored in subsequent chapters, one key and fundamental point should always be kept in mind.
Namely: Administrative law in Ethiopia is not yet independent of the constitution and civil law. The legitimacy of the administration’s actions is not determined by an independent administrative law or a judicial inquiry system. There is no separate administrative justice system (civil and criminal justice system) that holds the administration accountable for its actions, except for a limited number of cases that the legislature allows to appeal.
‘Administrative act’ (Verwaltungsakt) is a core concept of the German administrative law. It covers most of the actions of the administrative authorities through which they affect the legal interests of an individual. The origin of this concept is traced from the French concept of acte administratif from which it was borrowed by the German jurists and developed into a German concept since 1826 onwards.a
Administrative act is every order, decision or other sovereign measure taken by an authority for the regulation of a particular case in the sphere of public law and directed at immediate external legal consequences.b
Administrative Decision means any decision, order or award of an agency having as its object or effect the imposition of a sanction or the grant or refusal of relief, including a decision relating to doing or refusing to do any other act or thing of an administrative nature, or failure to take a decision
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