METTU UNIVERSITY

DEPARTMENT:CIVIC AND ETHICAL STUDIES

COURSE CODE:CEST 2053

PUBLIC ADMINISTRATION AND PUBLIC LAW IN

ETHIOPIA

3/25/2018

1
By Mr Chali Etefa(Bed, Bsc, and MA in Governance)
CHAPTER INTRODUCTION
ONE: TO PUBLIC
ADMINISTRATION
1.1. Definition of Public Administration
The word ‘administration’ has been derived from Latin words
‘ad’ = to and ‘ministiare’ = serve and ‘Public’ =people or citizens
Thus the word administration means to execute government to
serve public. Management is also defined as Cooperative human
Endeavour to achieve given goals. Traditionally management is
also defined as Management = POSDCORB which stands for
Planning, Organizing, Staffing, Directing, Coordination,
Reporting, Budgeting. In general administration and management
are used interchangeably.

2
CONT….

Now we will look at various definitions of public administration to

better comprehend the concept:

 “Public administration…. is the action part of government, the

means by which the purposes and
goals of government are realized”.
 ‘Public administration as a field is mainly concerned with the
means for implementing political values…”

3
CONT…
 “The process of public administration consists of the actions
involved in effecting the intent or
desire of a government. It is thus the continuously active,
‘business’ part of government, concerned
with carrying out the law, as made by legislative bodies (or
other authoritative agents) and
interpreted by the courts, through the processes of organization
and management.”
 It is a cooperative group effort in a public setting;
 It covers all the three branches --- executive, legislative, and
judicial – and their interrelationships;
4
CONT…
 Definition of PA from traditional viewpoint which related only
to the functions and actions of Administration:
1. Prof. Woodrow Wilson, the pioneer of the social science of
Public Administration says in his book ‘The study of Public
Administration’, published in 1887 “Public Administration is a
detailed and systematic application of law.”
2. According to L. D. White “Public Administration consists of all
those operations having for their purpose the fulfillment of
public policy as declared by authority.”

5
DEFINITION OF PA FROM BROAD VIEW

According to Simon - “By Public Administration is meant the

activities of the executive branches of the national, state, &
local governments.”
According to Willough - “Public Adminstration in broadest
sense denotes the work involved in the actual conduct of
governmental affairs, and in narrowest senses denotes the
operations of the administrative branch only.

6
CONT…
According to Gullick - “Public Administration is that part of
the science of administration which has to do with government
and thus, concerns itself primarily with the executive branch
where the work of the government is done.”
According to Waldo - “Public Administration is the art and
science of management as applied to the affairs of the state.”

7
CONT…
Marshall E. Dimock - “Administration is concerned with
‘what’ and ‘How’ of the government. The what is the subject
matter, the technical knowledge of afield which enables the
administrator to perform his tasks. The ‘How’ is the technique
of management according to which co-operative programmes
are carried to success.”

All above modern definitions of Public Administration

emphasize the value based character of Public Administration
and Public Administration as a science and art of
administration. A close scrutiny of the definitions reveal that
Public Administration has following important characteristics
or features. 8
1. It is part of executive branch of government.
IMPORTANT CHARACTERISTICS OF PUBLIC ADMINISTRATION :

2. It is related with the activities of the state.

3. It carries out the public policies.
4. It realize the aspirations of the people as formulated and
expressed in the laws.
5. Waldo and other thinkers insist on the commitment and
dedication to the well being of the people. Otherwise Public
Administration behaves in a mechanical, impersonal and
inhuman way.
6. Public Administration is politically neutral.

9
CONT…
From all the above definitions, Public administration means
different things to different observers and lacks a significant
common theoretical or applied meaning, or we might say that
public administration is everywhere:-

But two things definitely emerge from the above definition. These
are:-
1. The study of public administration overlaps a number of other
disciplines, including political science, sociology, economics,
psychology, and business administration. And

2. Public administration is the use of managerial, political, and legal

10
theories and processes to fulfill the goals of government (welfare
of public).
CONT…
A public administration as a practice is as old as the human
civilization. When human beings started living in society in an
organized way they started the practice of administration,
because they started to live cooperatively in society. It is said
that when a man tried to left a stone and was unable to do so
alone and
was helped by another man, the practice of
‘management/administration began.
public administration as a practice is old as civilization But
Public Administration as a discipline to be taught in formal
educational institution, started after World War I (1914), in
USA and then in Europe.
11
CONT…
The emergence of public administration as discipline in USA
and Europe was due to the changing role of government. The
Great Depression in USA and Europe brought large scale
unemployment and low wages, and falling demand for goods.
It was felt that in these
circumstances the government should invest to provide jobs.
Thus, the role of government was seen as prime mover in
economy.

12
1.2. WHY PUBLIC ADMINISTRATION RECEIVED IMPETUS
AS A SUBJECT?

Following were the reasons for the emergence of public

administration as a subject:-
1. Expanding welfare role (distributive) of the government
2. The emergence of private sector and regulatory role, of
government
3. The need for increased efficiency in the Organization
4. Development of Science and Technology
5. Better management of public matters through training

13
1.3. SCOPE OF PUBLIC ADMINSTRATION

There are various perspectives about the scope

of Public Administration.
Scope :-
Following are the three important perspectives about the
scope of
Public Administration.
1. Narrow perspective or posdcorb perspective.
2. Broad perspective or subject matter view.
3. Prevailing view.

14
CONT…
Narrow perspective or posdcorb perspective -

Luther Gullick is the main exponent of this perspective.

According to him the scope of public administration is narrow
or limited. It is also regarded as posdcorb view. It insist that the
Public Adminstration is concerned only with those aspects of
administration which are related with the executive branch and
its seven types of administrative functions.

15
CONT…

These seven types of functions which shows the scope of

Public
Administration are as follows –

1. ‘P’ stands for planning

2. ‘O’ stands for organization
3. ‘S’ stands for staffing.
4. ‘D’ stands for Directing.
5. ‘Co.’ stands for Co-ordination.
6. ‘R’ stands for Reporting
7. ‘B’ stands for Budgeting
8. Evaluation -
16
BROAD PERSPECTIVE OR SUBJECT - ORIENTED
PERSPECTIVE :-
Prof. Woodrow Wilson, L D While are main exponent of this
perspective. They have taken a very broad approach about the
scope of Public Adminstration.
According to them:
(A) Public Adminstration covers all three branches of the
government. Legislative, Executive and Judicial and their
interrelationship. Legislative organ makes the laws, Executive
organ of the government implements the laws. And Judicial
organ of the government interprets the laws. There is
interrelationship between these three organs.

17
CONT…
B) Scope of Public Administration is like a cooperative group. It
consist of all from class one officer to class four employees.
C) Public Administration is a part of the political process. It has
an important role in the formulation of public policy at all
levels, from national to grassroots. It is closely associated with
numerous private groups and individuals in providing services
to the community. It
has been influenced in recent years by the human relations
approach

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PREVAILING VIEW :-

Prevailing view divides the scope of Public Adminstration into

two
parts.-
1) Administrative theory
2) Applied administration
1. Adminstrative theory -
It includes the following aspects.
a) Organisational Theory -
The Structure, organization, functions and methods of all types
of public authority engaged in administration, whether
national, regional or local and executive.

19
CONT…

b) Behavior -
The functions of administrative authorities and
the various methods appropriate to different
types of functions. The various forms of
control of administration.
c) Public Personal Administration -
The problems concerning personnel e.g.
recruitment, training, promotion, retirement
etc. and the problems relating to planning,
research, information and public relation 20

services.
CONT…
Applied administration –
It includes the following aspects :-
a) Political functions –
b) It includes the executive - legislative relationship,
administrative activities of the cabinet, the minister and
permanent official relationship.
c) b) Legislative function –
It includes delegated legislation and the preparatory
work done by the officials in connection with the
drawing up of bills.
21
CONT…
c) Financial functions –
It includes total financial administration from the preparation of
the budget to its execution, accounting and audit etc.
d) Defense - Functions relating to military administration.
e) Educational function - It includes functions
relating to educational administration.
f) Social welfare administration –
It includes the activities of the departments concerned
with food; housing, social security and development
activities.

22
CONT…
g) Economic Administration –
It is concerned with the production and encouragement of
industries and agriculture.
h) Foreign administration –
It includes the conduct of foreign affairs, diplomacy,
international cooperation etc.
i) Local administration –
It concern with the activities of the local self governing
institutions.

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1.4. VIEWS OF PUBLIC
ADMINISTRATION AS: BOTH AN
ART AND A SCIENCE
As an Art:
PA involves creativity, leadership, a good sense of the
intangibles in administration. This view is closely practices of
PA. PA is an art of policy making (Fry, 1989). It is the
organization and management of potential resources and
materials to achieve the purposes of the government(Waldo,
1955).

24
CONT…
As a Science :
 There is a body of knowledge or theories that can explain or
predict phenomenon or variables in the field of PA.
 The PA theories and concepts are built based on empirical
research using systematic methods
 These theories can be used not only to explain but also
improve the art and practice of PA (Bautista,2009).

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1.5. Public Administration Versus Private
Administration
 The work in public organizations is guided by commitments to public service
ideals.
 Differences
The basic differences between the public and private sector are seven which are:
 1. Constitutions: tells that laws are to be legislated by
the legislature and the public administration has to implement the laws and the
policies. In the case of private sector, there is no constitution. Although there is
legal binding which has different nature and content.

2. The Public Interest : any good or service which is

used by large number of citizens should be provided. But in case of private
sectors the interest is limited to those have ability to pay for services. For
example, education for all is public interest whereas, education for those able to
pay is for private sectors.
3. Ambiguity: The objectives of public organizations are stated in terms of service
provision. Whereas that of private sectors performance measured in business.26
CONT…
4. Pluralistic Decision Making: Pluralism means that people
belong to different ethnic, racial, regional, cultural backgrounds.
Since people are different ethnically and culturally, their demand
and needs vary. There would also be divergent views on issues
of public interest. For example people of a region would need
roads, while people of other region might need dams. Since the
money available is the same. There is need to build consensus.
In private sector a company would decide to manufacture a two
wheeled vehicle, keeping in view the income of buyer.

27
CONT…
5. Visibility: Thus public manager’s actions become more visible as
compared to the actions of private managers. This difference is due
to the fact that public manager’s action affects large number of
people. Public managers are constantly being watched by the
media it is visible.
6. The Market: At the arena of market, Although government
policies and actions affect markets, but government does not face
same challenge of market as the private sector. The distinct
differences between public and private sector in this regard are:

28
CONT…
 Public agencies do not face competition of other firms as the
private sector organizations would do.
 Price of governmental operations is established through
budgetary routines rather than fixed at the market.
 Since the prices are not fixed in the market, governments’
operation and expenditure become too large which has affect on
its public financial management. Demands and supply determines
the market in case of private sectors whereas, the service is fixed
based on budgetary allocation in case of government.
 What are Public Goods? Public Goods are that individuals cannot
be excluded from enjoying and these are not exhausted or
diminished by the use of other. These are goods such as:
Defense, Roads, Street light etc. 29
CONT…

7. Less efficient: public organizations do not maximize output with

given resources. This allegation is not new and because of this
allegation there have been efforts to make public organizations as
efficient as private organization.
8. power: the power of government is different and omnipresent. The
distinctive power of government is as follows:
 Power to regulate the private sectors. The law of government has
binding force on private sectors:
 Power to coerce and punish those violating the law by putting them
in prison or imposing capital punishment in case of person committing
serious crime.
 Pervasiveness: the government laws and regulations have general
applicability. 30

Furthermore, see the following table:

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1.6. PUBLIC ADMINISTRATION IN
DEVELOPING COUNTRIES
In to days modern state and in developing countries functions
and role of Public Administration is very important. The role
and importance of Public Administration are as follows.
1. It is the basis of government.
2. It is the instrument of change in the society.
3. It plays vital role in the life of the people.
4. It is an instrument for executing laws, policies, programmes
of the state.
5. It is a stabilizing force in the society as it provides continuity.
6. It is instrument of national integration in the developing
countries which are facing class wars.
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THE ROLE OF GOVERNMENT IN
THE MODERN WELFARE STATE
 maintenance of law and order
 dispensation of Justice
 collection of revenue and taxes and
 participation in welfare activities.
 provide more and more services and amenities to the
people.

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DEVELOPMENT ADMINISTRATION
Administration means ‘administration of
planned change’. The planned development is
intended to achieve specific results within the
specified time.
The concept of Development Administration is a development
of the post 1945 era. Following reasons are responsible for the
emergence of this concept: -
Reasons :
1. Emergence of newly independent developing countries.
2. Development schemes in the developing countries.
3. Establishment of comparative administration group in
1960:the concept of development administration, in different
34
ecological settings, operates in order to achieve a set of
social goals.
CONT…
The traditional concept of public Administration as ‘law and
order machinery or revenue administration underwent
transformation with the emergence of the ‘Welfare state’
during the 20th century. Also It a was response to the
emergence of the ‘Newly Independent states’ in Asia and
Africa, These countries have problems of poverty,
unemployment, illiteracy, malnutrition etc. In these countries,
the government and its administrative machinery are looked
upon as agents of change. The necessities have made the
administration in developing countries development - oriented.

35
TRADITIONAL PUBLIC ADMINISTRATION
VS DEVELOPMENT ADMINISTRATION
Traditional Public
Development Administration
Administration
 Status-quo oriented  change - oriented
 emphasis on economy and  goal and result oriented
efficiency  flexible and
 It is hierarchical and rigid.  dynamic
 Its objectives are simple and  Its objectives are complex and
limited. multiple
 Concerned with routine operations.  Concerned with new tasks.
 believes in centralization.  believes in decentralization
 Does not rely much on planning.  stress on planning
 It resists organizational change.  Creative and innovative
 Stress on directions from authority.  Stress on participation of people
36
READING ASSIGNMENT
Development vs Democracy Millennium Development Goals

 Which comes first? Oh! What will happen after

______________________ achievement of millennium
development goals in Our
______________________
country?
______________________ _________________________
______________________ _________________________
______________________ _________________________
______________________ _________________________
______________________ _________________________
______________________ _________________________
_________________________
______________________ _________________________
_________ __________________
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CHAPTER TWO: 2.THE NATURE OF PUBLIC LAW
What is law? Jurists have defined law differently from different
point of views. Definition of the term may vary due to the
different types of purposes sought to be achieved. According to
Black’s Law Dictionary [Garner; 2004: 900] law consists of rules
of action or conduct. These rules are issued by an authority. In
addition, these rules have binding force and are obeyed and
followed by citizens. Sanction or other legal consequence may
help the law to be abided by citizens.
From the pragmatic point of view, American jurist, Benjanin
Nation Cordazo defines law as “a principle or rule of conduct so
established as to justify a production with reasonable certainty
that it will be enforced by the courts if its authority is
challenged.” [Steven; 2003: 8].
38
CONT…

According to Holmes “the prophecies of what the courts will

do in fact, and nothing more pretentious, are what I mean by
the law”. It is observable from these definitions that courts
play great role in applying as well as creating the law.

From the sociological perspective, Max Weber suggests that

an order will be called law if it is externally guaranteed by the
probability that coercion (physical or psychological), to bring
about conformity or avenge violation will be applied by a staff
of people holding themselves especially ready for that purpose
[Steven; 2003: 8].

39
CONT…

Steven argues that law has three features that distinguish it

from other normative orders such as custom or convention
[[Steven; 2003: 9]:
a) There must be a pressure that comes from external in the form
of actions or threats of action by others regardless of the
person wants to buy the law or not;
b) These external actions or threats of action always involve
coercion or force;
c) Individuals whose official role is to enforce the law must
enforce the coercive action.

40
CONT….

He refers to state particularly when he talks about officials

who enforce the law because they are state officials who are
empowered to do that.

In general, law may be described in terms of legal order tacitly

or formally accepted by the society and enforced. A body of
binding rules sufficient compliance of them is ensured by some
mechanism accepted by community is called law [Paton;
1967].

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2.1. BASIC FEATURES OF LAW

Analyzing the features and nature common to all laws would

help us to understand the concept of law.
Among these features and natures, the ones considered as
essential include generality, normatively and sanction.
I) GENERALITY
Law is a general rule of human conduct. It does not specify the
names of specific persons or behaviors. Hence, its generality is
both in terms of the individuals governed and in terms of the
social behavior controlled.

42
CONT…
Look at the following Examples:
 “Every one has the right to life, liberty and the security of a
person.” [Art 3, UNDHR; 1948].
This law is made to be applicable to every person on this world.
Therefore, it is universal.
 “Every person has the inviolable and inalienable right to life, the
security of person and liberty.” [Article 14 of the 1995
Constitution of the Federal Democratic Republic of Ethiopia].
This constitutional provision is made to be applicable to every
person in Ethiopia. so, the extent of its generality is national. This
is less general than the first illustration.
 “Every Ethiopian national, without any discrimination based on
color, race, nation, nationality, sex, status, has the following
rights…On attainment of 18 years of age, to vote in accordance 43
with the law.” [Article 38(1)(b) of the 1995 Constitution of the
FDRE.].
II) NORMATIVITY
 Law does not simply describe or explain the human conduct it is
made to control. It is created with the intention to create some
norms in the society. Law creates norms by allowing, ordering or
prohibiting the social behavior. This shows the normative(what
ought to be…) feature of the law. Based on this feature, law can be
classified as permissive, directive or prohibitive.
A) Permissive Law
Permissive laws allow or permit their subjects to do the act they
provide. They give right or option to their subjects whether to act
or not to act. Most of the time such laws use phrases like:
- has/ have the right to

- is/are permitted/allowed to

- shall have the right

- shall be entitled to may

44
- is/are free to
CONT…
Example:
1. “Every person is free to think and to express his idea.” [Article
14 of The 1960 Civil Code of Ethiopia]. – The human conduct
to think and to express ideas is permitted by this law. Therefore,
it is a permissive law.
2. “Accused persons have the right to be informed with sufficient
particulars of charge brought against them and to be given the
charge in writing.” [Article 20(2) of the 1995 Constitution of
the Federal Democratic Republic of Ethiopia]. - “have the right
to” in this law shows that the subject is given the right or
permitted to get the charge in writing and to be informed its
particulars. Therefore, it is permissive law.
45
B) Directive law
Directive law orders, directs or commands the subject to
do the act provided in the law. It
is not optional. Therefore, the subject has legal duty to
do it whether s/he likes it or not,
otherwise, there is an evil consequence that s/he incurs
unless s/he does it as directed by the law.
 Directive law usually uses phrases like:

- must
- shall
- has/have the obligation
- is/are obliged to
- is/are ordered to
- shall have the obligation/duty 46
Examples:
1. “The debtor shall personally carry out his obligations under
the contract where this is essential to the creditor or has been
expressly agreed.” [Civ. C. Art. 1740(1)]. “Shall…. carryout”
in this law shows that the contracting party, the debtor, is
directed, ordered or commanded by the law as it is provided.
Therefore, this law is directive law.
2. “Every worker shall have the following obligations to perform
in person the work specified in the contract of employment.”
For instance refer [Article 13(1) of the 2003 Labor Code
Proclamation No. 377/2003]. ”Shall have the … obligations
to” in this law shows that the worker is directed by the law as
it is provided in the law. Therefore, it is directive law. In
general, directive laws are mandatory provisions of laws. They
47
oblige the subject to act, as they require him/her to act.
C) Prohibitive law
Prohibitive law discourages the subject from doing the act required
not to be done. If the subject does the act against the prohibition, an
evil follows as the consequence of the violation. All criminal code
provisions are prohibitive laws. Prohibitive laws usually use phrases
like:
- must not;

- shall not;

- should not;

- no one shall/should;

- no person shall/should;

- may not;

- is/are not permitted/allowed;

- is/are prohibited;

- is/are punishable; and 48

- is a crime.
Example:
1. “Any unmarried person who marries another he knows to be
tied by the bond of an existing marriage is punishable with
simple imprisonment.” [Article 650(2) of the 2004 Criminal
Code of Ethiopia] ”is punishable” in this law, indicates that
the law discourages such act. Therefore, it is prohibitive law.
2. “No one may enter the domicile of another against the will of
such person, neither may a search be effected there in, except
in the case provided by law.”[Civ. C. Art 13]. “No one may”
shows that any one is discouraged from acting as provided by
the law and so it is a prohibitive law.

49
III) Sanction
Each and every member of a society is required to follow the
law. Where there is violation the law sanction would follow.
Sanction according to Black’s Law Dictionary [Garner; 2004:
1368], is a penalty or coercive measure that results from failure
to comply a law. The main purpose of sanction is to prompt a
party (a wrong doer) to respond. In other words, sanction will
make the wrong doer to think that s/he made a fault and s/he
should correct it. Sanction may be criminal. Criminal sanction
is a sanction attached to criminal liability [Garner; 2004: 1368].
If the fault committed is defined by criminal law, the person
will be liable to a sanction provided under the criminal law.

50
2.2. FUNCTIONS OF LAW
 Why we need law? What functions does law have in your
localities?
 Jurists have expressed different views about the purpose and
function of law. It is well known that law is a dynamic concept,
which keeps on changing with time and place. It must change
with changes in the society. Law, in the modern sense, is
considered not as an end in itself, but is a means to an end.
 The end is securing of social justice. Almost all theorists agree
that law is an instrument of securing justice.

51
CONT..
 As Salmond rightly pointed out, “law is a body of principles
recognized and applied by the State in the administration of
justice.” Even Hobbes and Locke recognized the positive role
of law when they said, “the end of law is not to abolish or
restrain but to preserve or enlarge freedom and liberty.” For
Kant, the aim of law is the adjustment of one’s freedom to
those of other members of the community. Bentham gave a
very practical version of the purpose of law, which according
to him, is maximization of the happiness of the greatest
number of the members of the community.

52
CONT…

 According to Holland, the function of law is to ensure the well-

being of the society. Thus it is something more than an
institution for the protection of individuals’ rights. Roscoe
Pound attributed four major functions of law, namely:
 (1) maintenance of law and order in society;

 (2) to maintain status quo in society;

 (3) to ensure maximum freedom of individuals; and

 (4) to satisfy the basic needs of the people. He treats law as a

species of social engineering.
 The Realist view about the purpose and function of law is that
for the pursuit of highest good of the individuals and the state
as such controlling agency.

53
CONT…
In nutshell the functions/purpose of law can be as follows:
 It promotes peaceful coexistence/ maintenance of law and
order/ prevents anarchy
 It is a standard setting and control mechanism. Law sets
standards of behavior and conduct in various areas such as
manufacturing, construction, trade e.g. The law also acts as a
control mechanism of the same behavior
 It protects rights and enforces duties by providing remedies
whenever these rights or duties are not honored.

54
CONT…
 Facilitating and effectuating private choice. It enables persons
to make choices and gives them legal effect. This is best
exemplified by the law of contracts, marriage and succession.
 It resolves social conflicts. Since conflicts are inevitable, the
rule of law facilitates their resolution by recognizing the
conflicts and providing the necessary resolution mechanism.
 It controls and structures public power. Rules of law govern
various organs of Government and confer upon them the
powers exercisable by them. The law creates a limited
Government. This promotes good governance, accountability
and transparency.
 It facilitates justice in the society.

55
CONT…
The justice may be either distributive or corrective.
 Distributive justice seeks to ensure fair distribution of social
benefits and burden among the members of the community.
 Corrective justice, on the other hand, seeks to remedy
the wrong. Thus if a person wrongfully takes possession of
another’s property, the court shall direct the former to restore it
to the latter. This is corrective justice. Rule of law is sine qua
non for even-handed dispensation of justice.
 It implies that everyone is equal before law and law extends
equal protection to everyone; judges should impart justice
without fear or favor and like cases should be treated alike.

56
2.3. CLASSIFICATION OF LAWS

Law

Public law Private law

PI Law PD law
PI Law PD Law

Constitutional law  Property Law

Administrative law  Succession Law
Criminal Law  Marriage Law
Financial Law  Tort/Extra-
contractual law
 Personality law 57
 Commercial law
2.4. PUBLIC LAW VS PRIVATE LAW/
“SUMMA DIVISIO”
Public Law Private Law

 Mainly concerns with the  Concerned with the legal

distribution and exercise of power
relationships between
by state and regulation of legal
relations between the state/general individuals
public interest on the one hand and  Its purpose is protecting
the individual on the other. individual interest
 Its aim is promotion of social
 Achieves its ends by giving
objectives and the protection of
collective interest individuals the right to take
 Its characteristic feature is the action in defense of their
creation of public body with interests.
special powers of investigation,
decision making and/or 58
enforcement in relation to a
particular problem.
2.5. OVERVIEW OF PUBLIC LAW PUBLIC LAW
 Public law is about the exercise of power by public
authorities, such as local authorities or government
departments. It is different from private law, which
governs relationships between individuals and private
companies. If a decision made by a public body
acting in a public capacity is unlawful, or if the
decision making process is unfair, it can be
challenged by using a complaints procedure, or by
judicial review if there is no other way to challenge it.
 Public law controls public bodies acting in a public
capacity.
59
CONT….
 public bodies are be local authority or a government
department. Such as Government ministers,
departments and agencies, local authorities (including
social services, housing departments and local
education authorities), health authorities, the police,
prisons, courts, statutory tribunals, coroners’ courts,
and regulatory and supervisory bodies.
 Judicial review is a public law challenge to a decision
or a failure to act by a public body in the
Administrative Court which is part of the High Court.
60
CONT…
 If you are affected by a decision made by a public
body you may be able to challenge it. You may also
be able to challenge a failure to make a decision, or a
delay in making a decision, by a public body.
Different decisions can be challenged in different
ways. If there is a right of appeal against the
decision, you will usually have to follow the appeal
procedure. If there is no right of appeal, and no
effective alternative remedy, you may be able to
challenge the decision by judicial review 61
2.6. ADMINISTRATIVE LAW: DEFINITION, SOURCES AND
PURPOSES OF ADMINISTRATIVE LAW.

 Administrative Law can be defined as the law relating to

public administration. It is the law relating to the performance,
management and execution of public affairs and duties.
Administrative law is concerned with the way in which the
Government carries out its functions. It is the law relating to
control of governmental power. It can also be said to be the body
of general principles, which govern the exercise of powers and
duties by public authorities.
 Administrative law is the body of regulations, rules, orders and
decisions to carryout regulatory power created by administrative
agencies.

62
CONT…
 Administrative law is also concerned with the administration
and dispensation of delivery of public
services. However it does not include policy making.
Administrative law is concerned with how the government
carries out its tasks. The government tasks include delivery of
public services such as health, security, facilitating trade,
arbitration of disputes, and collection of revenue. Administrative
law is the law relating to the executive branch of government.
 Administrative Law is concerned with the means by which the
powers and duties of the various public agencies, public bodies
and public institutes can be controlled.

63
FUNCTIONS/PURPOSES OFADMINISTRATIVE LAW
 The primary purpose of administrative law is to keep the powers
of government within their legal bounds, so as to protect the
citizen against their abuse.
 It ensures proper dispensation of services.
 It seeks to protect citizens from abuse of power.
 To keep the powers of government i.e. powers of various public
bodies within their legal bounds, so as to protect citizens from
their abuse. Abuse of power can arise either from malice, bad
faith or even from the complexities of the law.
 There are duties placed in public bodies (public institutions)
such that another function of the law is to see that the duties are
performed and that the public agencies can be compelled to
perform their duties where there is laxity or where they refuse 64or
otherwise fail to do so.
CONT…
 Judicial Review forms part of administrative law because it is
the most appropriate way that a party aggrieved by an
administrative body can find redress. Judicial Review refers to
the examination of the actions or inactions of public bodies by
the High Court. Judicial Review is an examination of the manner
in which a decision was made or an act done or not done.
 The purposes of Judicial Review from that definition are as
follows:
1. To prevent excessive exercise of powers by administrative
bodies and officials;
2. To ensure that an individual is given fair treatment by
Administrative authorities;
3. To keep Administrative excesses in check and also to provide a
remedy to those aggrieved as a result of excessive exercise of
65

power by administrative bodies.

SOURCES OF ADMINISTRATIVE LAW
 Administrative Law is rules and regulations created or
promulgated by governmental administrative agencies other
than courts or legislatives bodies. These administrative agencies
derive their power from legislative enactment and are subject to
review by a court(often referred to as judicial review). These
administrative agencies to do all the work the legislative body
should have been doing.
 Administrative law is synonymous with “natural justice”.
Administrative Law is that of body of law, which applies for
hearings before quasi-judicial or administrative tribunals(a type
of court with the authority to deal with a particular problems).
This would include, as a minimum, the principles of natural
justice as embodied in audi alteram partem and nemo jundex in
sua causa. 66
CONT…
 Many quasi-judicial organizations or administrative tribunals
supplement the rules of natural justice with their own detailed
rules of procedure. PRINCIPLES/RULES OF NATURAL
JUSTICE
Broadly the principles are two:
1. Nemo Judex in causa sua: This means that procedures must
be free from bias.
2. Audi Alteram Partem: This means that no person should be
condemned unheard i.e. a person should not be denied an
opportunity to be heard.
 These two principles have been broken down into a number of
principles or rules which are as follows:

67
CONT….
1. Rule against Bias: there can be bias when:
a) There is some direct interest in the matter to be
adjudicated; e.g. pecuniary interest;
b) Where short of a direct interest there is a reasonable
appearance or likelihood of bias;
c) Where there is actual bias.
2. The right to be heard: If an administrative body fails to give
a concerned person the right to be heard, whatever decision it
makes will be invalidated upon review.
3. Prior Notice: The notice must contain sufficient detail to
enable the person concerned to know the substance of any
charge, allegation or action to be taken against him.

68
CONT…
4. Opportunity to be heard: There is no settled rule as to whether
hearing should be oral or written but in all cases one must be
afforded a chance to present his case whether oral or written.
5. Disclosure of information: A concerned party must be given
all information which the decision maker will rely on to make
his judgment. This rule requires that all allegations and
reports bearing on a person’s case must be disclosed to that
person. Failure to do so is fatal to a decision.
6. Adjournment: Natural Justice requires that a party be granted
adjournment of a hearing of a case if the exigencies require (it
does not matter how guilty a person is, if exigencies arise,
they must be accorded an adjournment by the administrative
body and if they are denied an adjournment and a decision is
given, the court will quash such a decision). 69
CONT….
7. Cross examination: An opportunity to cross-examine can only
be availed if there is an oral hearing i.e. the rule applies to
cases where there is an oral hearing. Whenever there is an
oral hearing and a party requests to cross-examine, the
affected party must be granted an opportunity to cross-
examine. If an affected party requests to cross-examine but an
opportunity is denied, the decision made can be voided on
grounds of breach of principles of natural justice.
8. Giving reasons: Progressively, courts are insisting on giving
reasons for a decision as a component for natural justice. (If
an administrative body denies you lets say a license, they
must give you the reasons why failure to which you can
petition the High Court for a review).
70
CONT…
9. Legal Representation: This does not apply in every case but in
suitable cases and suitable circumstances, the right to
representation by a lawyer or some other person may be part of
natural justice. Where legal representation is necessary,
authorized and is requested by a party the right to legal
representation must be granted. If denied, a decision may be
quashed on grounds of failure to observe the principles of
natural justice.
 The effect of failure to comply with the rules of natural justice
is that any decision or other administrative action taken is null
and void and can be invalidated by the courts. Breach of
principles of natural justice has been a good ground of judicial
review. Please note that breach of any one of the rules that we
have discussed will give rise to judicial review. 71
CONT…
 In the English Legal System judicial control of administrative
agencies is based on the doctrine of ultra vires. This is the
doctrine on the basis of which the courts will interfere or
intervene in matters of public administration. Ordinarily courts
would not interfere.
 What is ultra vires? simply means “beyond the powers”

 Administrative bodies must act only within the powers that they
have been given(granted them) by the statutes. They must also
recognize the limits imposed on them by the statutes.
 There are also cases where bodies act ultra vires because in the
cause of exercising those powers that are authorized, they have
failed to follow prescribed procedure.

72
THE PURPOSES OF JUDICIAL REVIEW

1. To prevent excessive exercise of powers by administrative

bodies and officials;
2. To ensure that an individual is given fair treatment by
Administrative authorities;
3. To keep Administrative excesses in check and also to provide
a remedy to those aggrieved as a result of excessive exercise
of power by administrative bodies.

73
GROUNDS OF JUDICIAL REVIEW
 Courts of Law will intervene in public administration in one or more of
the following circumstances i.e. courts of law will review actions of
administrative bodies in one or more of the following circumstances:
1. When a body acts ultra vires;
2. Unreasonableness;
3. When there is jurisdictional error;
4. When there is an error of law;
5. When there is an error of fact;
6. When there is an abuse of power;
7. When irrelevant considerations governed the making of a decision;
8. When there is bias;
9. When there is unfair hearing;
10. When there is procedural flaw;
11. When there is irrationality
12. When a public offcial or body acts in bad faith;
13. When there is breach of the principles of natural justice.
74
TYPES OF ULTRA VIRES

1. Substantive Ultra Vires.

2. Procedural Ultra Vires
 Substantive ultra vires is acting in excess of powers with
regard to matters of substance. For instance, an administrative
body acting beyond what is authorized to do.
Substantive ultra vires includes the following cases:
1. Exercising power in excess of statutory limits;
2. Acting in excess of jurisdiction;
3. Breach of the principles of natural justice; in this case failure
to give notice of hearing to a concerned party. For example
would amount to breach of principles of natural justice and
that falls under substantive ultra vires
75
 Unreasonableness
 the court will consider whether a public body has disregarded any matter
that it ought to take into account.
 Jurisdictional errors
 it means, whether:
 an administrative agency has acted without jurisdiction i.e. they have
acted over matters which they have no authority to act.
 Error of Law= a condition or an act of ignorance, negligence or
imprudent deviation or departure from the law.
 Ignorant departure would include a situation where an administration
official is ignorant of the law.
 Negligence would be where an administrative body fails to do what the
law provides and in that case they have failed to look up the law to see
what it provides.

76
 This can result from a number of things:
1. Failure to ascertain what the law says about a particular
matter;
2. misconstruction of the law;
3. Misinterpretation of the law;
4. Blatant disregard of the law;
5. Misunderstanding of the law; or
6. Misdirection on the law (this involves a situation where an
administrative body seeks direction on the law) i.e. if the
head of civil service seeks direction from the Chief Justice or
Minister for Justice and Constitutional Affairs and they give
incorrect directions on the same, this is misdirection

77
CONT…
 Error of law on the face of the record= an error which may be
ascertained by an examination of the record of proceedings
without recourse to any evidence.
 Error of fact= where there has been an act or a condition of
ignorance, negligence or imprudent deviation from facts. This
may occur from a number of facts:
1. Where facts have not been properly appreciated;

2. Where facts have not been properly interpreted;

3. Where there is an incorrect finding of facts;

4. Where irrational conclusions are made from facts;

5. Where a decision is made without giving due regard to the

factual circumstances of the case at hand. The effect of error
of facts is that it renders a decision null and void. 78
CONT…
 Abuse of power= Abuse of power includes cases where the power
and authority given public bodies have:
1. been put to a wrong or improper use;
2. been used so as to injure or to damage;
3. been misused;
4. been used corruptly.
 If the court finds that an administrative body has abused its power
or his power, any act done or decision made will be invalidated.
 Improper exercise of Discretion= Certain circumstances will give
rise to improper exercise of discretion which includes:
1. Exercising discretion for improper motive;
2. Where power to exercise discretion is delegated to a person who
is not charged with the responsibility in question; 79
3. Where discretion is exercised so as to serve self-interest.
CONT…
 Irrelevancy= Irrelevancy occurs in two situations:
1. Where a decision making body considers a matter which it
ought not to consider in arriving at a decision;
2. Where an administrative body disregards something which it
ought to consider in making a decision.
 Bias= involves acting partially i.e. acting favorably to one
side.
 How the court in determining the presence of bias? Based
on the following guide principles:
i. The Real Likelihood of Bias= where the decision maker has
an interest in the matter under consideration.

80
CONT…

(ii) The Real Danger Test: is whether there is a real danger that a
public official or body participating in a decision will be infleunced
by a personal interest in the outcome of a case.
(iii) Actual Bias: in cases where members of the decision making body
have a pecuniary interest in the matter to be considered, they must
disqualify themselves from taking part in making that decision unless
it is followed by review invalidation which is applied by the way of
quashing the decision.
 Unfair hearing= where a public body makes a decision without due
regard the right to hearing procedure.
 Irrationality= conduct beyond the range of responses reasonably
open to an administrative body
 Bad Faith (Mala fides)= it is hard to define bad faith but it covers a
81
wide range of circumstances including malice, corruption, fraud,
hatred and similar things. It also includes cases of vindictiveness.
2.7. ADMINISTRATIVE AGENCIES: DEFINITION
 Administrative agencies are agencies created by the
legislative branches of government to administer laws
pertaining to specific areas such as taxes, transportation, and
labor. These agencies are mostly created with delegated
powers to promulgate rules, undertake judicial-like hearings,
make investigations and give binding decisions on maters
affecting the public in its relationship to the government.
 Administrative Agency is a government authority with
administrative regulatory functions. It is basically part of the
executive and as such are subject to direct control through the
executive hierarchy of authority.

82
CONT…
 Who has authority to exercise control over
administrative functions?
 Executive: provides for detailed structures and
procedures, control administrative agencies directly.
 House of people representative(legislative): establishes
agency, provides guidelines for operation and indirectly
controls agencies and delegates the executive to issue
secondary legislation.
 watchdog institutions include human rights commission
and ombudsman…created by the legislative to control
specific agency operation and usually accountable to the
83
legislative.
CONT…
 Judiciary: considers specific complements on agency decisions
and actions.
 Civil society: function as eyes, ears and voices of the public and
watch over administrative process and provide channels for
participation.
 THE CREATION and MANDATES OF ADMINISTRATIVE
AGENCIES
 The house of people representative created an administrative
agency that is mandated to regulate economic and social
activities from the perspective of their impact on the
environment.
84
CONT…
 Why administrative agencies needed to be created?
It is created for two major grounds:
1. Regulation of the markets=the need to improve the
imperfect free market. The government is involved as a
regulatory and sometimes as service providing agent in
order to provide for and balance market inefficiency and
imperfection in the interest of the public.
2. Redistribution of wealth: unfair social and economic
conditions call for government action. What needs equal
distributions are any publically owned resources
including revenues of the government.

85
ADMINISTRATIVE FUNCTIONS
 The term “administrative functions” is best seen in the context
of the concept of “Administrative state”. The administrative
state is a layer making up most of the structure and machineries
of the executive branch of government and under taking the
task of implementing executive policies, rules and functions on
the day-to-day basis. The executive has two distinct layers: the
upper executive layers(political layer) and administrative
layer(the larger and non-political part of the executive)
 The political executive layer, in terms of function, is
responsible for the drafting of policy, up on the approval of
which by the legislature, it becomes responsible for
implementation.

86
CONT…
 The administrative layer(non-political executive layer) is
composed of personnel recruited and appointed on the basis of
expertise and experience relevant to the specific duties and
functions that make up the mandate of the institution.
Administrative layer also referred as the “bureaucracy” or
“civil service”.
 NB. The two layers of executive are separated by a merely
conceptual line and are to be found simultaneously in almost
all executive institution.

87
THE ROLE OF THE ADMINISTRATIVE STATE
 The role of administrative layers in the operation of executive:
 Underestimated and neglected in favor of the theoretically
more powerful political layer.
 But, it has some characteristics that make it more enduring than
its political bosses. A few among these are:
 Closeness to the actual beneficiary and clients of the executive
services in the task of public adminstration.
 Permanency: political power is fixed and has determined terms,
whereas, the bureaucrats have permanent tenure.
 Continuity to the working of the executive even under different
political leadership

88
CONT…
 The bureaucracy can play the role of political leadership.
How? This might happen on three outstanding areas. These
are:
 Advisory functions= it can provide information and expertise
on the basis of political decision.
 Drafting legislation=by filling the gap of law through letters,
memos, regulations, notifications etc, and drafting of laws on
its specific area of expertise. By doing so s/he can determine
the content of law.
 Designing budget=through drafting budget requirements and
spending money when allocated, the civil
servants/bureaucracy, they hold the key to selective
prioritization of the functions thereby influencing the
activities of the institution. 89
INDIVIDUAL ASSIGNMENT
Q1. Discuss the essential characteristics of administrative state
(bureaucracy).

Q2. What we mean by public personnel administration? explain.

Q3. Discuss the constitutional standard for operation of

administrative agencies.

90
CRIMINAL/PENAL LAW
 is the law of crimes and its punishment. Criminal law is a part
of law which characterizes a certain kinds of wrong doing as
offences against the state and public duty, and punished by the
state.
 A crime is an act or mission committed or omitted in violation
of public law e.g. murder, treason, theft, e.t.c.
 A crime is also may defined as act(or commission) or state of
affairs which contravenes the law and which may be followed
by prosecution in criminal proceeding with the attendant
consequences, following conviction, of punishment.
 A crime is defined as act of disobedience of the law forbidden
under pain punishment.
91
CONT..
o The criminal code of the FDRE defined a criminal offence in its
article 23(1) as an act or omission which is prohibited by law.
This implies, a criminal offence consists of the violation of the
legal prescription resulting from human behavior, whether
positive or negative, which is prohibited under pain of criminal
sanction.
 All crimes are created by parliament through statutes
A person who is alleged to have committed a crime is referred to
as a suspect. As a general rule, suspects are arrested by the state
through the police at the instigation of the complainant. After the
arrest, the suspect is charged in an independent and impartial
court of law whereupon he becomes the accused.
 An accused person is presumed innocent until proven or pleads
guilty. 92
CONT…
 Criminal cases are generally prosecuted by the state.
 Purposes and functions of Criminal law
 The criminal law essentially aims at:
 Ensuring and preserving order, peace, and security of the state and
its in habitats for the public goods
 Punishing those who deserve punishment
 Protecting the public from harm
 Reforming the offender
 Deterring offenders and potential offenders
 Educating the people about appropriate behavior and conduct
 Enforcing moral values especially that of mores-are moral norms
that have strong moral connotation on society and are based on
93
control values of society.
CONT…

The functions of criminal law

 The function of criminal law is largely to set the parameters
within which a given criminal justice system operates. These
are two aspects to this. These are:
2. The criminal justice system is the tool of special control
presenting the agglomeration of powers, procedures and
sanctions which surround criminal law.
 The police are empowered to investigate crime, search for
evidence, arrest suspected criminal offenders and question
them. The police are the public servants whose duty is the
presentation and detention, and the prosecution of the
offenders before courts of law. The courts are empowered to
try persons charged with committing crimes, and if convicted
to sentence them. 94
CONT…
The sentence may take the form of:-
1. Imprisonment
2. Fine
3. Probation
4. Corporal punishment
5. Capital punishment
6. Community service
7. Conditional or unconditional discharge
 Accordingly the criminal law limits and controls the legitimate
exercise by the state off its coercive power to investigate crime
and prosecute, convict and punish criminals.
 Criminal liability is always personal. No body can be held to
be criminally liable for an offence committed by another( see
art. 43 of FDRE criminal code) 95
CONT….
2. The criminal law operates as a guide to the citizen indicating
the limits the legitimate activity on his/her part predicting the
consequences of infraction of the criminal law.
Purposes of punishment
 Retribution-punishment is meted out to the offender due to this
is what s/he deserves in response to her/his infraction of
criminal law. It reflects society’s desire for vengeance and
denunciation i.e., inflection of punishment is signals of
society’s disapproval of the criminal conduct and re-asserting
the mores of that society(re-affirms the values of criminal law
are designed to uphold).

96
CONT…
 Deterrence- a). Particular deterrence-dissuading the individual
criminal from re-offending in the future, and/or b). General
deterrence-dissuading other possible offenders from by the
example made of each particular offender.
 Incapacitation-imprisonment imposed on an offender, the public
are protected from further offences by him/her for so long has
s/he is in prison.
 Rehabilitation- the purpose of the training and treatment of
convicted prisoner shall be to encourage and assist them to lead
a good and useful life.

97
CONT…
 The elements of crime(criminal offence)
Criminal law does not seek to punish people for their civil
thought(s); an accused must be proved to be responsible for
conduct or existence of a state of affairs prohibited by criminal
law before liability arises. Whether liability arises will depend
further(in addition to the conduct of state of affairs) an
accused state of mind at the time, usually intention or
recklessness is required.
 General elements of a crime or a criminal offence:

A crime(Criminal offence)=Actuaries(guilty act) +

Mensrea(guilt mind or intention)
98
CONT…

 Elements(ingredients) and grounds of a criminal offence in

accordance with the article 23(2) of the criminal code of the
FDRE.
 Legal elements-no act or failure to act may be regarded as an
offence unless to law so prescribes which means “no crime no
punishment without law”
 Material element-the notion of material elements is of
important since it provides the grounds for a number of
distinction made by subsequent legal provisions, such as the
distinction between instantaneous and non-instantaneous
offence(article 26-29), or between preparatory, attempt, and
complete offence(art. 26-29)

99
CONT…
 Offences of commission=performance of forbidden act by law
+ by striking, setting fire, abstracting something.
 Offence as omission= non performance of compulsory act(fail
to perform an act commanded by law). E.g. duty to do
something includes to report offender, to register the birth of
child…
 An offence is committed when a person fails to perform an act
which s/he has the duty to perform(e.g., to assist a person in
danger) and thereby brings about a result(e.g., death) which
normally arises from the performance of an act (e.g., shooting).
Offences of this types sometimes referred to a offences of
commission, since they are not characterized by positive
behavior, as well as from offences of omission, since the latter
brings about a result which could not achieved by positive 100

behavior.
CONT..
 An act is not unlawfull and punishable unless two types of
condition are fulfilled:
 Material, or external, or objective conditions

 Moral, or internal or subjective complete

 Accordance with the art.23(3), there is no criminal offence and

punishable offence unless the legal, material, and moral
elements are present together, for each of them is necessary.

101
THE THREE ELEMENT OF CRIMINAL
LAW
1. Moral elements. This includes:
 Intentionality is the state of mind which the caused must be
proved to have had at the time conduct or during the existence
of state of affairs
 Negligence: with out giving concern for others rights or
carelessness.
 Guilty act- if the conduct or state of affairs(commencements)
which particularly offence prohibits or assigned to be done
failed to do.
2. Legality:- principles of legality includes:
 No body can be held to be criminally liable for an offence
committed by another
102
 No law no crime
CONT…
 No punishment beyond what the law stipulated
 No retroactive and civil jeopardy

3. Material elements: provides the grounds for a number of

distinction made by subsequent legal provisions, such as the
distinction between instantaneous and non-instantaneous
offence(article 26-29), or between preparatory, attempt, and
complete offence(art. 26-29)

103
PURPOSES OF PUNISHMENT
1. Retribution:- reflects society desire for vengeance:
people join together in a society govern by law. They
relinquish their own right to relate to harm done to
them in exchange for the protection which the law
offers them or relate to harm to them.
2. Deterrence:- two in type
2.1. Particular deterrence:- dissuading the individual
criminal from reoffending in the future.
2.2. General deterrence:- dissuading other possible
offenders from offending crime by the example made
of each particular offender.

104
CONT…
3. Incapacitation:-if a term of imprisonments is imposed on an
offender, the public are protected from further offences.
4. Rehabilitation: the purpose of training and treatment of
convicted prisoner shall be encourage and assist them to lead a
good and useful life.

105
CONSTITUTIONAL LAW
 Definition
 Constitution is the fundamental/basic law of a state,
constituting of: (a) the organization of the government, (b) the
powers and functions of the principal government organs and
agencies, (c) the restraints on the extent of and methods of
exercising these powers, (d) the relationship between the
government and the people, and (e) the basic political
principles that should be followed.
 Constitutional law defines the organization of the state, its
fundamental rules, mode of government, and the attributions of
its political organs, their limits and their relations

106
CONT…
 Constitution determines the organization of government, the
distribution of powers and functions to various organs of a
government, regulate the relationship between these organs,
the relationship between the state and the individuals
(citizens), and the general principle on which these powers are
to be exercised.

107
CONT…
Major Purposes and Functions of Constitution
 The main purpose of a constitution of state is limiting or
restraining the powers and authorities of government,
determines the structures and functions of a government,
outlines the rights and duties of citizens and their relations with
their state/government, ensuring and safeguarding the rights of
citizens. Generally, the constitution of state has the following
basic purposes and functions.
1. A Framework for Government
Constitution of a state effectively guides the functions and
powers of a government. Therefore, constitution of state is a
brief and a general outline of duties and rights of governments.
It defines the very structures of governments. It also defines the
108
responsibilities and tasks of these structures of government.
CONT…
2. Provides Government Stability
In allocating duties, powers and functions among the various organs
and institutions of government, constitution of state acts as
“organizational Charts”, “definitional guides”, or “institutional
blue print”. As such, it formalizes and regulates relationships
between political bodies, and provides mechanisms through which
any potential burnable conflicts can be adjudicated and resolved.
Therefore, constitution of state provides the vital function of
introducing a measure of stability, order, and predictability to of
government.
3. Limits the Powers of Government
A country having a constitution may not necessarily mean having
constitutionally limited government. There is a difference between
having a constitution and constitutionally limited government. In a
constitutionally limited government officials are always abided 109 by
the constitution i.e. constitution determines the specific functions and
authorities of these officials.
CONT..
4. Protects Individual and Collective Rights and Freedoms of Citizens
 To protect the individual and collective rights and freedoms of
citizens,
 clearly provides the relationship between the state and the individual
and collective ones, making out the respective spheres of government
on the one hand, and the individual and collective rights and freedoms
on the other.
5. The Supreme Law of a Country
Constitution of state is the source of all laws in a country, i.e. it is the
source of specific laws with regard to different affairs and issues. No
specific law will be valid if it contradicts with any provisions of the
supreme law of the land i.e. all laws in a country are made to fulfill
the objectives and goals clearly specified in a constitution of state.
Therefore, all laws are derived from the constitution, thus, constitution
110
of state is considered as the highest law of a country i.e. constitution
of state serves as the binding instrument of all other laws in a country.
CONT…
6. As the Vehicle for empower States
Constitutions of states mark out the existence of states, and
makes claims (validity; green light as the legitimate/legal right
to rule or govern) concerning their sphere (Jurisdiction) of
independent authority. In this regard, for example, the creation
of new state is invariably accompanied by making, adopting,
and consolidating of constitution.
7. As the Weapon for Legitimizing Regimes
A constitution of states is also indispensable for building
legitimacy for regimes.

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FDRE CONSTITUTION
 C:\Users\Administrator\Desktop\constitution of Ethiopia
.pdf

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TAX LAW
DEFINITION AND CLASSIFICATION OF TAXES
 Taxes are Important sources of public revenue.
 In general terms, tax can be defined as a contribution from
individuals out of their private property for the maintenance and
defense of government , so that it may perform the functions and
end of the state be realized.
 In simpler terms, tax is a financial charge or other levy imposed
on an individual or a legal entity by government.

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CONT…
 Taxes are a portion of private wealth, exacted from individuals
by the state for the purpose of meeting the expenditure
essential to carryout the function of government.
 Taxation is the principal means of raising revenue for public
purposes; it is thus the correlative to the services which
government performs for the community.
 Public goods and services are normally subject to collective
consumption which require tax(to put some from what we earn
in hand of government)

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CONT…
 Taxation is one among mechanism of re-distributing resources.
Public goods and services are normally supplied by public
agencies due to their nature of non-rivalry and non-
excludability. The nature of consumption of public goods is
such that consumption by one does not reduce consumption for
others.
 Taxes are contributions from the national divided; they must
ultimately come out of the annual earnings of the nation. The
private income of a nation is the index of the capacity of the
people to pay taxes, since it is the real source of public
revenue.

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CONT…
 Taxes are defined to be burdens, or charges imposed by ‘the
legislative power of a state upon persons or property’ to ‘raise
money for public purposes.’ Refer for further knowledge the
constitution of Federal Democratic Republic of Ethiopia
Article 51&52.
 A tax is a compulsory contribution of persons toward the needs
of government. The elements of this definition are as follows:

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CONT…
 A) a tax involves coercion upon its bearers
 B) who are in every case, either natural or legal persons

 C) a specific public purpose.

 Taxation includes the processes of levying, collecting, and

paying taxes. Taxation is the earliest and most prevalent form
of government interference with the economic life of
individuals and business enterprises.
 Though historically, taxes were voluntary contribution towards
the expenses of government, but gradually it were transformed
into obligatory.

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CONT…
 Now a days, payment of taxes is obligatory in all civilized
nations. The bearer of the tax is in all cases a person. Property
belongs to some one, and when it taken by means of taxation,
the owner bears the burden. There can be no vital relation of
obligation between inanimate property and the living state. The
duty of supporting the state rests upon those who receive
protection from it.

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CLASSIFICATION OF TAXES
BASED ON THE RELATIONSHIP BETWEEN THE
NATURE OF THE TAXES AND THE REASON FOR
PAYMENT OF TAXES CLASSIFIED IN TO TWO:
DIRECT TAXES AND INDIRECT TAXES

Direct taxes Indirect taxes

 Formal and economic incidence are  The taxpayer’s burden to pay
essentially the same i.e., the can easily be passed on to
taxpayer is not able to pass the
burden to someone else. another person. The tax
 Paid entirely by those persons on incidence of an indirect tax
whom it imposed is absorb such indirect taxes
 Major types in Ethiopia: persona; so as to be competitive in the
income tax, rented tax, business market in which they are
profit tax, withholding tax and such operating. Eg ; consumption 119
other taxes like taxes from
loyalties, from games of chance,
tax: sale tax and excise tax
dividends or property taxes.
 Public finance can be understood as a practice and as
an area of study.
 As a practice it is a planned action of the government in
financing public sector activities.
 As an area of study, public finance systematically studies
financial matters of government activities such as
government revenue and expenditure.
Definition of Budget
The word Budget originally meant the moneybag or the
public purse.

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 Budget is a time bound financial program systematically worked
out and ready for execution in the ensuing fiscal year. It is a
comprehensive plan of action, which brings together in one
consolidated statement all financial requirements of the
government.
Budget is a guideline for decision making and center of
government revenue and expenditure for a specific period of time,
usually a year. Budgeting is an important tool in public finance
and it reveals the basic characteristics of fiscal policy of the
government

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CONT…
 There are two types of budget
1. Balanced budget =anticipated revenue is equal to anticipated
expenditure
2. Unbalance budget= imbalance between anticipated revenue
and anticipated expenditure.
There are two types of unbalanced budget known as surplus
budget and deficit budget.
Surplus budget is a type of budget where anticipated revenue
is greater than anticipated expenditure. On the other hand
deficit budget is a type of budget when anticipated revenue is
less than the anticipated expenditure.

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CONT..
 The advantages and functions of government budgeting can be discussed in terms of
four
aspects.
1. as an instrument of planned implementation. To implement its economic functions
government raises revenues through taxation. Fees and charges, and spend them on
different programs and activities. This process of rising revenues and spending by
government is performed through budgeting.

 Secondly, budgeting helps proper allocation of resources between competing needs and
to relate
expenditure decisions to specified policy objectives and to existing and future resources.
 Thirdly, budgeting can be used as instrument for regulating the economy. It implies that
the
objective of budget policy is to take corrective measures or to adopt regulatory policies
to
remove imperfection or inefficiencies of market mechanism.

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 Fourth, budgeting can be used as an instrument for
strengthening public accountability in the use
of resources.

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