Chapter 9: controlling mechanisms of governmental powers

objectives Introduction Need for controlling the powers of the government Benefits for controlling mechanisms Controlling Mechanisms

introduction So far we have appreciated that concern of administrative law is regulating the powers of administrative agencies lest abuse of these powers may cause prejudice to public interest in general and to individual interest in particular.

introduction Creating varies administrative agencies and empowering them with necessary powers to carry on a specific social, economic and political programs, in the interest of public, administrative law puts appropriate controlling mechanisms that restrain administrative agencies with in the scope of powers entrusted to them.

introduction So this chapter tries to outline the various modalities of controlling the powers of administrative agencies.

Need for controlling the powers of the government As it has been discussed in previous chapter there are great possibility that the three powers of government may concentrated of many administrative agencies. The delegation of rulemaking and adjudicating powers to administrative agencies become inevitable phenomena of complex technological world.

Need for controlling the powers of the government The principle of separation of state powers is proved to be effective mechanism for controlling abuse of powers. The purpose of separation of power is to prevent any single branch of government from becoming too power full.

Need for controlling the powers of the government It is founded on the presumption that the division of state power between the legislature, executive and the judiciary can best protect individual liberty and democracy.

Benefits for controlling mechanisms Improves the quality, efficiency and effectiveness of government decision-making generally; Enables people to test the legality and merits of decisions that affect them; Provides mechanisms for ensuring that the government acts within its lawful powers; Provides mechanisms for achieving justice in individual cases . Contributes to the accountability system for government decision-making

Controlling Mechanisms Internal control external control parliamentary control executive control control by administrative tribunal Judicial control human rights commission control

Internal control The term internal control refers to the type of controlling mechanisms that are set within the organizational structure of the various administrative organs of the government. The decision of the lower structure of the administrative hierarchy are subjected to review by those in the next upper hierarchy.

External control The term external control in administrative law context refers to the various limitations imposed upon the powers of administrative agencies by other authorized bodies that are found outside the structure of such agencies.

External control These types of controlling mechanisms include, parliamentary/legislative control, Executive Control, control by administrative tribunals, judicial control, control by watchdog institutions and the mass media.

Parliamentary Control First and foremost, the parliament has to make sure that all necessary precautions are taken that the enabling legislation does not devolve wide delegated powers which may be difficult to control. These include conducting oversight hearings, reducing agency budgets, and amending statutes

Executive Control The executive organ of the government also has the power to oversight the activities of the various government offices in different modalities.

Executive Control Those agencies formed under the executive hierarchy, are subject to the supervision of the executive organ of the government.

Control by Administrative Tribunals The decisions of administrative agencies can also be subjected to the supervision of administrative tribunals. administrative tribunals are the administrative counter part of ordinary courts. Technically speaking, administrative tribunals also referred to as administrative courts:

Judicial Control Broadly speaking, there are two modalities by which the judiciary can exercise supervisory role over the powers of administrative agencies. These are appeal and judicial review.

Judicial Control The striking difference between appeal and judicial review is that the former is statutory in origin whereas the latter is the inherent power of courts.

Control by Human Rights Commission Responsibility of this commission include: To ensure that the human rights and freedoms provided for under the Constitution of the Federal Republic of Somalia are respected by all citizens, organs of state, political organizations and other associations as well as by their respective officials;

Cont…… To ensure that laws, regulations and directives as well as government decisions and orders do not contravene the human rights of citizens guaranteed by the Constitution;

Cont……. To educate the public, using the mass media and other means, with a view to enhancing its tradition of respect for, and demand for enforcement of, rights upon acquiring sufficient awareness regarding human rights

Cont.. To undertake investigation, upon complaint or its own initiation, in respect of human rights violation. To make recommendations for the revision of existing laws, enactment of new laws and formulation of policies. To provide consultancy services on matters of human rights;