I.

Introduction to Lawmaking
Definition: Lawmaking is the formal process of creating or amending legal rules through
legislative action.
II. Key Stages in Lawmaking
1. Initiation of Bills
 What is a Bill?
A draft proposal for new legislation or amendments to existing laws.
 Who Can Propose Bills?
o Parliamentary Systems (e.g., UK, Ethiopia):
 Government (executive)
 Individual legislators
 In some cases, other bodies (e.g., churches in UK/Finland on ecclesiastical
matters).
o Presidential Systems (e.g., USA):
 Only legislators (Congress members); the President cannot directly
introduce bills but may propose drafts.
2. Pre-Legislative Scrutiny
 Bills may undergo preliminary review (e.g., financial checks in France, conformity
review in Yugoslavia).
 In some systems (e.g., UAE), specialized committees screen bills before introduction.
3. Committee Review
 Role of Committees:
o Standing/Ad Hoc Committees: Analyze details, propose amendments.
o Variations in Power:
 Weak Committees (UK): Limited to technical adjustments.
 Strong Committees (USA): Can substantially alter or block bills.
 Expert Consultation:
o Committees often hear from experts, interest groups, or the public.
4. Plenary Debate & Voting
 Debate Phase:
o Legislators discuss the bill’s merits; amendments may be proposed.
 Decision-Making:
o Typically requires a majority vote.
o Some systems allow "urgency procedures" (e.g., Argentina, Japan).
5. Promulgation & Publication
 Final Step:
o The approved bill is formally authenticated (e.g., by a head of state) and published
in official gazettes.
o Example: In Ethiopia, laws are published in the Negarit Gazeta.
LAWMAKING IN CONTEMPORARY ETHIOPIA
FDRE Constitutional Framework & Legislative Process
I. Constitutional Basis of Lawmaking Power
Article 55 FDRE Constitution vests legislative authority in:
 House of Peoples’ Representatives (HPR): Enacts proclamations and codes on federal
matters.
  House of Federation (HoF): Determines civil matters essential for a unified economic
community (Art. 62(8)).
Key Legislative Competencies of HPR:
1. Exclusive Federal Jurisdiction:
o Natural resources, inter-regional/foreign trade, transportation, electoral laws,
nationality, patents.
2. Code Enactment:
o Labour, Commercial, Criminal, and Civil Codes (Art. 55(3)-(6)).
II. Legislative Actors & Their Roles
1. Sovereign Lawmaker: House of Peoples’ Representatives (HPR)
 Enacts primary legislation (proclamations/codes).
 Declares war (Art. 55(9)).
2. Non-Sovereign Lawmakers (Subordinate Legislation):
Legal
Body Authority Example
Instrument
Council of
Regulations Art. 77(3): Delegated by HPR. Fiscal policies.
Ministers
Art. 74(5): Oversees
Prime Minister Supervision Ensures compliance.
implementation.
Sector-specific (e.g., Proc. No. Labour union registration
Ministries Directives
4/1995). rules.
Characteristics of Subordinate Legislation:
 Must align with the Constitution (Art. 9(1)).
 Subject to judicial/constitutional review (HoF interprets Constitution: Art. 62(1)).
III. Legislative Process: Step-by-Step
1. Bill Initiation
 Who Can Propose?
o Council of Ministers: Primary initiator (Art. 77(11)), including war declarations.
o Others: HPR members, HoF, Supreme Court, committees (Proc. No. 470/2005,
Art. 4)).
o Exception: Only government proposes financial bills (Art. 6(4)).
2. Submission & First Reading
 Draft submitted to Speaker → Summary presented to HPR for general debate.
3. Committee Review
 Referred to 1 of 12 Standing Committees (e.g., Legal Affairs, Budget) for scrutiny (20-
day deadline).
4. Second Reading
 Committee reports amendments → HPR debates.
 If unresolved, bill returns to committee.
5. Final Approval & Promulgation
 HPR votes → President signs within 15 days (or auto-promulgated: Art. 57).
 Published in Federal Negarit Gazeta (Art. 11(c), Proc. 470/2005).
IV. Checks & Balances
1. Constitutional Supremacy: All laws void if unconstitutional (Art. 9(1)).
2. HoF’s Role: Interprets Constitution, resolves disputes (Art. 62(1)).
3. Judicial Review: Courts ensure subordinate laws comply with proclamations.
V. Critical Analysis
Strengths:
 Clear hierarchy (HPR supremacy + delegated authority).
 Inclusive initiation (multiple actors).
 Time-bound process (e.g., 15-day presidential assent).
Challenges:
 Executive Dominance: Council of Ministers initiates most bills.
 Ambiguity: "Essential for economic community" (Art. 62(8)) lacks precise definition.
Learning Activities
1. Short Answer: Who initiates laws in Ethiopia?
o Council of Ministers, HPR members, HoF, judiciary (Proc. 470/2005).
2. Critical Evaluation: Assess Ethiopia’s lawmaking process.
o Hint: Balance between legislative sovereignty and executive influence.
3. Define: What is "second reading"?
o HPR’s debate on committee-amended bills before final vote.
REPEAL OF LAWS
Unit 4.2 – Ethiopian Legal System
I. Definition and General Concepts
Repeal of Law: The formal abrogation or cancellation of an existing law by legislative action,
rendering it legally ineffective (Garner, 2004).
 Process: Similar to lawmaking but reverses legalization ("delegalization").
 Authority: Only the legislature (or delegated bodies) can repeal laws, as the power to
repeal is co-extensive with the power to enact.
II. Key Distinctions
1. Repeal vs. Expiry of Laws
Aspect Repeal Expiry
Cause Legislative act (express or implied). Automatic (time-bound laws).
Nature of
Applies to perpetual or temporary laws. Only applies to temporary laws.
Law
Revival Requires re-enactment or new law. Cannot be revived without re-enactment.
Perpetual Laws:
 No fixed duration; remain valid until repealed.
 Example: Ethiopia’s Civil Code (unless explicitly repealed).
Temporary Laws:
 Fixed duration (e.g., emergency proclamations).
 Expire automatically unless extended by new legislation.
III. Methods of Repeal
1. Express Repeal
 Definition: Explicitly stated in a new law (e.g., "Proc. No. X/2024 repeals Proc. No.
Y/2000").
 Example: Ethiopia’s 2004 Criminal Code repealed the 1957 Penal Code.
2. Implied Repeal
 Definition: Occurs when a new law contradicts an old one, making coexistence
impossible.
 Conditions:
o Irreconcilable provisions.
 o No express repeal clause.
 Limitation: Subordinate bodies (e.g., ministries) cannot repeal laws impliedly.
IV. Legal Principles in Ethiopia
1. Constitutional Basis:
o Only the House of Peoples’ Representatives (HPR) can repeal federal laws (Art.
55 FDRE Constitution).
o Non-delegability: Repeal power cannot be delegated to executive bodies (e.g.,
Council of Ministers).
2. Revival of Expired Laws:
o Requires re-enactment (not mere amendment).
o Example: If a temporary tax law expires, it must be fully re-passed to revive it.
3. Subordinate Legislation:
o Regulations/directives can be repealed by the issuing body (e.g., Council of
Ministers) but must align with proclamations.
V. Practical Implications
 Legal Certainty: Repeal ensures laws reflect current societal needs.
 Judicial Role: Courts interpret whether implied repeal exists (e.g., conflicting laws).
Learning Activities
1. Short Answer: Define "repeal of laws."
o Answer: Legislative cancellation of an existing law, ending its legal effect.
2. Comparative Analysis: How does repeal differ from expiry?
o Answer: Repeal is legislative; expiry is automatic for time-bound laws.
TYPES OF REPEAL
Unit 4.2.2 – Ethiopian Legal System
I. Introduction to Types of Repeal
Repeal of laws occurs in two primary forms:
1. Express Repeal – Explicit cancellation of a law.
2. Implied Repeal – Automatic nullification due to irreconcilable conflict with a new law.
II. Express Repeal
Definition: A new law directly references and nullifies all or part of an existing law.
Key Characteristics:
1. Specificity: Must clearly identify:
o The law being repealed (e.g., "Civil Code of 1960,
o The extent of repeal (whole law or specific provisions).
2. Forms of Wording:
o "Is hereby repealed."
o "Shall cease to have effect."
o "Shall be omitted" (for partial repeal).
Examples from Ethiopian Law:
1. Total Repeal:
o Federal Revised Family Code (Art. 319): Repeals entire sections of the 1960 Civil
Code on Persons and Family.
2. Partial Repeal:
o A law may exclude certain regions (e.g., a coffee price law no longer applies
in Harar and Sidamo).
3. Substitution:
 o Replacing an old provision with a new one (e.g., "Article X is amended to
read...").
Special Cases:
 Inconsistency Clauses:
o E.g., Revised Family Code (Art. 319(2)): "Any inconsistent laws are
inapplicable."
o Functions like implied repeal but is expressly stated.
III. Categories of Express Repeal
Type Description Example
Revised Family Code nullifies whole sections
Total Repeal Entire law is abolished.
of the 1960 Civil Code.
Only specific provisions are Omitting Articles 550–825 of the 1960 Civil
Partial Repeal
revoked. Code.
Geographic Limits the extent clause (where A coffee price law no longer applies
Repeal the law applies). in Harar and Sidamo.

IV. Legal Principles

1. No Revival of Repealed Laws:
o If a new law replacing an old one is invalidated, the old law does not
automatically revive.
2. Partial Correspondence:
o If two laws overlap in scope but differ substantially, only the conflicting
parts are repealed.
V. Practical Implications
 Certainty: Express repeal ensures clarity about which laws remain valid.
 Legislative Precision: Requires careful drafting to avoid ambiguity (e.g., exact article
numbers).
Learning Activity
Case Study:
 Revised Family Code (Art. 319) repeals parts of the 1960 Civil Code.
o Question: Why is this an "express repeal"?
o Answer: It explicitly lists the repealed provisions, leaving no room for doubt.
Key note: Express repeal is a deliberate, transparent tool for updating legal systems.
Ethiopia’s use of inconsistency clauses blends express and implied repeal principles.
IMPLIED REPEAL OF LAWS
Unit [Link] – Ethiopian Legal System
I. Definition and Foundations of Implied Repeal
Implied Repeal occurs when a new law indirectly nullifies an existing law due to irreconcilable
conflict, even without explicit repeal language.
Key Principles:
1. Presumption Against Implied Repeal:
o Legislatures are presumed to know existing laws; if they do not expressly repeal a
law, courts assume they intended both to coexist.
o Exception: When laws cannot logically operate together.
2. Legal Maxim:
o "Expressio unius est exclusio alterius" (Mentioning one thing excludes others).
 o If a new law lists specific repeals, courts presume no implied repeal of unlisted
laws.
II. Tests for Determining Implied Repeal
Courts apply these three criteria to identify implied repeal:
1. Direct Conflict Test:
o Do the two laws contradict each other?
o Example: Law A mandates "all contracts in writing," while Law B allows "oral
contracts."
2. Exhaustive Code Test:
o Does the new law fully cover the subject, leaving no room for the old law?
o Example: A comprehensive 2024 Labor Code replaces scattered older labor laws.
3. Same Field Test:
o Do both laws govern the same legal subject?
o Example: Two laws regulating coffee exports cannot coexist if they set different
rules.
III. Categories of Implied Repeal
A. Prior Particular Law vs. Later General Law
 Rule: A specific earlier law (e.g., "Harar Coffee Price Act") is not easily repealed by
a general later law (e.g., "National Agricultural Standards Act").
 Reason: Specific laws are treated as exceptions to general laws.
 Example: A general tax law does not override a specific tax exemption for farmers.
B. Prior General Law vs. Later Particular Law
 Rule: A specific new law can partially repeal a general old law.
 Example: A 2024 "Cybercrime Proclamation" may override parts of the 2004 Criminal
Code on fraud.
C. Criminal Laws and Penalties
 Rule: If a new law redefines an offense or penalty, the old law is impliedly repealed.
 Exception: If the offenses are different, both laws may apply.
 Example: A new law reducing the penalty for theft from 10 to 5 years repeals the old
penalty.
IV. Rationale for Implied Repeal
1. Legislative Intent: Courts presume lawmakers did not intend chaos from conflicting
laws.
2. Legal Maxim: "Leges posteriores priores contrarias abrogant" (Later laws override
contrary earlier ones).
3. Judicial Role: Courts act as arbiters to harmonize laws.
V. Practical Implications in Ethiopia
1. Constitutional Safeguards:
o The House of Federation interprets conflicts (Art. 62(1), ensuring alignment with
the Constitution.
2. Case Law:
o Ethiopian courts use the three tests to resolve implied repeal disputes.
VI. Learning Activity
Scenario:
 Law X (2000): Bans all exports of coffee beans.
 Law Y (2024): Allows coffee exports with a license.
  Question: Is Law X impliedly repealed?
 Analysis:
o Direct Conflict: Yes (ban vs. regulated trade).
o Exhaustive Code: Law Y covers the subject fully.
o Same Field: Both govern coffee exports.
o Conclusion: Law X is repealed.
EFFECTS OF REPEAL OF LAWS
Unit 4.2.3 – Ethiopian Legal System
I. General Principle of Repeal
When a law is repealed, it is treated as if it never existed in the legal system. This means:
1. No Future Legal Force:
o The repealed law cannot create new obligations or duties.
2. Non-Revival Principle:
o If Law A is repealed by Law B, and Law B is later repealed by Law C, Law A is
not automatically revived unless Law C expressly states so.
II. Exceptions to the General Principle
A. Preservation of Accrued Rights and Liabilities
Even after repeal:
1. Existing Rights/Liabilities Remain Valid:
o Example: If a contract was signed under a repealed law, its terms remain
enforceable.
2. Legal Proceedings Continue:
o Ongoing cases or penalties for violations committed while the law was in
force remain valid.
o Example: A crime committed under a repealed penal code can still be prosecuted.
B. Distinction: "Accrued Right" vs. "Mere Expectation"
Status After
Concept Example
Repeal
Accrued Right Protected A permit issued under the old law.
Mere Expectation Not protected An unapproved license application.

III. Impact on Subordinate Legislation

1. Automatic Nullification:
o Regulations/directives made under a repealed law lose validity unless a saving
clause preserves them.
2. Saving Clauses:
o Legislative provisions that explicitly protect certain regulations from repeal
effects.
o Example: "Regulations under the repealed law shall remain in force until
replaced."
IV. Practical Implications in Ethiopia
1. Judicial Interpretation:
o Courts distinguish between substantive rights (protected) and procedural
privileges (not protected).
2. Drafting Laws:
o Legislators often include transitional provisions to clarify repeal effects.
Learning Activity
Case Study:
 Law X (2000): Required business licenses.
 Law Y (2024): Repeals Law X but states: "All licenses issued under Law X remain valid."
 Question: Can a business operate with a 2023 license after repeal?
 Answer: Yes, because the license is an accrued right protected by the saving clause.
Key note: Repeal erases laws prospectively, but protects vested rights and ongoing liabilities.
Proper legislative drafting (e.g., saving clauses) ensures legal continuity.
EXPIRY OF LAWS
Unit 4.2.4 – Ethiopian Legal System
I. Definition of Expiry
Expiry of laws refers to the automatic termination of a temporary statute when:
1. Its fixed duration period ends, or
2. The specific purpose for which it was enacted is fulfilled.
Example: An emergency proclamation enacted for 6 months expires automatically after that
period.
II. Key Differences: Repeal vs. Expiry
Aspect Repeal Expiry
Cause Legislative action Automatic (time-based or conditional)
Legal Effect Erased prospectively (as if never made) May preserve some past effects
Revival Requires re-enactment Cannot revive without new legislation

III. Legal Effects of Expiry

1. General Rule
 Expired laws cease to apply to future acts but may still govern:
o Completed transactions (e.g., contracts signed under the law)
o Past violations (e.g., crimes committed while the law was active)
2. Judicial Interpretation
Courts examine the law’s language to determine if it:
 Explicitly preserves post-expiry enforceability (rare), or
 Implicitly terminates all effects (common).
Example: If a temporary tax law lacks a sunset clause, courts may rule it fully lapses upon
expiry.
IV. Practical Implications in Ethiopia
1. Drafting Clarity:
o Temporary laws should clearly state whether they apply to past acts post-expiry.
o Poor Drafting Risk: Ambiguities lead to litigation (e.g., prosecuting expired
offences).
2. Constitutional Alignment:
o Expired laws cannot conflict with the FDRE Constitution’s perpetual
provisions (e.g., fundamental rights).
Case Study
 Proclamation X (2020): Banned public gatherings during emergencies (valid for 1 year).
 Issue: Can a 2020 protest violation be prosecuted in 2024 after expiry?
 Analysis:
o If Proclamation X silent on post-expiry effects → No prosecution.
 o If it explicitly preserved penalties → Prosecution possible.
Key note
Expiry is a self-terminating mechanism distinct from repeal. While repeal is legislative, expiry
is automatic, but both require careful drafting to avoid legal uncertainty.
CONSEQUENCES OF EXPIRY OF LAWS
Unit 4.2.4 – Ethiopian Legal System
I. Legal Effects of Expiry
The consequences of a law's expiry depend on:
1. The language of the Act itself, and
2. Whether it contains saving provisions preserving certain effects.
II. Key Consequences
A. Legal Proceedings Under Expired Statutes
1. General Rule:
o All pending or new legal proceedings terminate automatically upon expiry.
o Example: Prosecution for violating a temporary COVID-19 regulation cannot
continue after its expiry.
2. Exception:
o If the law includes a saving clause, completed trials/sentences remain valid.
o Example: A person sentenced under a temporary law must serve their full
term even after expiry.
B. Subordinate Legislation (Notifications, Orders, etc.)
 Automatic Termination:
o Rules, appointments, or schemes made under a temporary law cease to
apply upon expiry.
o Example: A detention order under a lapsed emergency law becomes invalid.
C. Partial Continuity of Expired Laws
 Some rights/obligations may survive expiry if:
1. The law’s wording implies permanence (e.g., "all contracts under this Act
remain binding").
2. The nature of the right requires continuity (e.g., property titles issued under the
law).
III. Repeal by Temporary Statute
When a temporary law repeals a permanent one:
1. Revival of Repealed Law:
o The original law does not automatically revive after the temporary law expires.
o Exception: If the temporary law explicitly states it is a "temporary repeal."
2. Judicial Interpretation:
o Courts examine the legislative intent behind the repeal.
o Example: If a temporary tax law repealed an older tax code, the old code remains
repealed unless re-enacted.
IV. Obsolescence vs. Repeal
A. Disuse Does Not Invalidate Laws
 Principle: A law remains valid indefinitely unless formally repealed.
 Rationale:
o Prevents arbitrary disregard of laws by officials or the public.
o Ensures legal certainty.
B. Case Study: Ethiopia
 Scenario: A 1950s trade law is ignored for decades but remains on the books.
 Legal Status: Still enforceable; must be formally repealed by the HPR.
V. Practical Implications
1. Legislative Drafting:
o Temporary laws should clarify post-expiry effects (e.g., "All pending cases under
this Act shall continue").
2. Judicial Role:
o Courts interpret whether an expired law’s effects persist (e.g., Habre v.
Ethiopia on expired detention orders).
3. Executive Duty:
o Authorities cannot ignore unused laws; they must seek repeal through proper
channels.
Learning Activity
Hypothetical Case:
 Law X (2023): Banned street vending for 1 year (expired Dec 2024).
 Issue: Can a vendor be fined in Jan 2025 for a 2024 violation?
 Analysis:
o If no saving clause → No penalty.
o If Law X stated "violations before expiry remain punishable" → Fine valid.
Key note: Expiry ends a law’s future application but may preserve past effects. Unlike repeal,
it is automatic but equally binding.
NULLIFICATION OF LAWS
Unit 4.3 – Ethiopian Legal System
I. Definition and Concept of Nullification
Nullification refers to the act of declaring a law void or invalid, rendering it unenforceable.
 Black’s Law Dictionary (2004):
o "The action of a state in abrogating a federal law based on state sovereignty."
 Key Aspects:
o Can occur when a law contradicts higher legal principles (e.g., constitution,
natural justice).
o Differs from repeal (legislative act) and expiry (automatic termination).
II. Jury Nullification in Common Law
A. Definition and Process
 Jury Nullification: A jury’s power to acquit a defendant despite evidence of guilt,
effectively disabling enforcement of an unjust law.
 Example: A jury acquits a protester charged under a harsh anti-dissent law, signaling
opposition to the law.
B. Arguments for and Against
Supporters Critics
Safeguard against tyranny/unjust laws (e.g., Undermines rule of law; promotes
apartheid). arbitrariness.
Violates jurors’ oath to apply the law
Embodies "moral conscience" of the community.
impartially.
C. Legal Status
 De Facto Power: Juries are not instructed about this right but can exercise it.
  Limitations:
o Judges may dismiss jurors suspected of nullification.
o Not applicable in civil cases.
III. Nullification and the Rule of Law
1. Philosophical Debate:
o "An unjust law is no law at all" (St. Augustine) → Nullification aligns
with higher justice.
o Counterargument: Encourages anarchy if individuals/juries selectively enforce
laws.
2. Checks and Balances:
o Nullification acts as a populist check on government overreach but
risks undermining legal certainty.
IV. Nullification in Ethiopia
1. Constitutional Framework:
o House of Federation (HoF): Sole authority to nullify laws contradicting the
FDRE Constitution (Art. 62(1)).
o Example: A law restricting free speech could be invalidated by the HoF.
2. No Jury System:
o Ethiopian courts cannot nullify laws; judges must apply valid laws unless struck
down by the HoF.
V. Comparative Analysis: Ethiopia vs. Common Law
Aspect Ethiopia Common Law (e.g., USA)
Authority House of Federation (Judicial review). Juries (de facto power).
Basis Constitutional supremacy. Moral/popular opposition to unjust laws.
Legal
Erases law entirely. Case-specific; no precedent.
Effect

VI. Practical Implications

1. Judicial Duty in Ethiopia:
o Judges must apply valid laws even if personally unjust (unlike juries in common
law).
2. Legislative Response:
o Unpopular laws should be repealed democratically, not ignored by officials.
Learning Activities
1. Debate: Should Ethiopia adopt jury nullification?
o Pros: Checks government power.
o Cons: Threatens legal consistency.
2. Case Study:
o Law X bans criticism of the government. The HoF nullifies it as unconstitutional.
o Question: Why can’t Ethiopian courts do this independently?
o Answer: Separation of powers reserves constitutional review for the HoF.
Key note
1. Nullification invalidates laws but differs by legal system:
o Ethiopia: HoF’s constitutional role.
o Common Law: Jury’s moral veto.
2. Rule of Law: Nullification can protect justice but requires safeguards against abuse.