THE LIBERALIZATION OF STANDING REQUIREMENTS AND THE BROADENING OF GROUNDS OF JUDICIAL REVIEW IN ENVIRONMENTAL MATTERS IN ETHIOPIA

Abstract

Administrative agencies, including environmental agencies, need wide discretionary powers in order to realize their purposes efficiently and effectively. However, conferring such discretionary powers to the administrative body may lead to abuse of power, unless the law provides mechanisms to control such abuse or failure to carry out regulatory responsibilities. In environmental cases, abuse of power and failure to exercise regulatory power may go unchallenged despite the ‘‘diffused interest’’ that citizens can invoke to initiate judicial proceedings. It thus, becomes important to revisit the issue of standing with respect to the rights of citizens to bring court actions against violators of environmental laws and regulations as well as challenging the regulatory decisions. The liberalization of standing requirements and providing a broad legal basis for judicial review actions will be crucial measures in ensuring the effectiveness of environmental regulations especially in holding the relevant regulators accountable for their decisions in the manner that promotes administrative justice. The present article seeks to examine the adequacy of the legal framework put in place for the liberalization of standing to initiate judicial review to promote administrative justice in environmental matters in Ethiopia.