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The Jurisprudence of the Council of Constitutional Inquiry and of the House of Federation on Property Related Claims: A Critical Study
(Addis Ababa University, 2018-01) Abajebel, Habib; Assefa, Getachew (Associate Professor)
This paper aims to examine the interpretative and methodological approaches used by the CCI and the HoF in resolving property related constitutional issues. There are increasing number of property related claims reaching the Council and the House. Of the complaints lodged before the CCI/HoF, a good proportion has to do with land related property claims. This research has found out that decisions on property rights by government officials generally fail to adhere to the letters and spirit of the Constitution. By employing doctrinal and case analysis methods of research, this paper conclude that the property-rights related jurisprudence of the Council and the House has not yet developed. Key words: Constitutional interpretation, Constitutional review, Decision, Due process of law, Duration laps rights, Effect, Enforcement, Expropriation, Jurisprudence, Property, Proportionality, Public purpose, Public interest, Recommendation, Taking.