Browsing by Author "Yared Legese"

Now showing 1 - 5 of 5
  • No Thumbnail Available
    Item
    Legislative Constitutionality of the Federal Parliament on Matters Uncovered Under the Fdre Constitution: Based on Empirical Appraisal of Laws
    (Addis Ababa University, 2012-01) Endalkachew Geremew; Yared Legese
    Looking in retrospection the modalities adopted under the FDRE Constitution in establishing lawmaking authority appears defective in two fundamental aspects. The feature of constrained parliamentOlY systems, which primarily focuses on strong judicial independence to offset the odds of separation of power i.e. the fusion of executive and legislative organs, does not exist in ( the constitution. The idea of parliamentary supremacy in constrained system is locked between the supremacy of the constitution and the valid enforceable limitations upon lawmaking. It constrains the exercise of power through strong judiciary with its exclusive checks to defend the constitution and eriforce the basic principles which mostly are dubbed as entrenchment, justiciability and supremacy. The other essential defect goes to the manner employed in the division of legislative power between the federal and regional governments. In this respect unlike most of the constitutions of federations that leave reserve clause upon the states while the federal government holding only enumerated powers, the FDRE constitution is short of elastic clause that generally allows lawmaking authority upon the federal government. Often dubbed as implied power doctrine, such elastic clauses is necessary in federations to constitutionalize in order to render the federal laws legitimate in the event it becomes compulsury 10 exercise a particular matter which does not belong in its enumerated jurisdictions. Nevertheless, regardless of the lacuna and without unequivocal constitutional authority the HP R had practically jumped in such areas via several legislations. The empirical examination of certain laws in force indicate a number of matters which need constitutional backs are simply left to the federal government to determine via ordinary laws. Besides, the legislative exercise is not only uneasy to enact in the form of parliamentary laws but also no extraordinary procedure has been followed. The practice evidently was reinforced the HP R authority can rightly goes beyond the text of the l constitution to confer additional competencies upon itself with no threat on its constitutionality or the parliament is the maker and breaker of the institutions for which the constitution entrenches. The specific legislations tabled for empirical appraisal have significantly shaped the exercise of political power both qua constitutions in their scope and in lieu of the constitution in terms of the mailers engulfed on the substance of federal powers. In this particular foci those laws regarding the head of states of the republic, systems of federal intervention into the regions, intergovernmental relations (IGR), competency of the second chamber, federal power over theautonomy of the city of Addis Ababa, and functional independence of the judicial organ etc can remarkably be high lightened as the points of contest. The legislations mentioned with their other kin exclusively stands on Art 55(1) qua constitutional source of authority to mark legislative legitimacy on the part of the parliament. Unfortunately if it is not to help as a safe passage to bond the acts to conform to the constitution, the examined laws tell different context both in scope and content. Neither the specific authority can be attached with the enumerated jurisdiction of the federal government nor the constitution puts an inference on the possibility to provide legal Fameworks in the sense they actual appear now. At times they resemble restrictive lawmaking tendencies rather than the underlying principle for a more protective approach during enforcement. In fact it is not a surprise the varieties of these legislations would have welcomed serious constitutionality tests for if it had been in other jurisdictions who adopt strong independent constitutional adjudicative organ. Otherwise it would have faced ostensible recourses for valid constitutional amendment so long as the laws had brought something new to the actual text of the constitution.
  • No Thumbnail Available
    Item
    Local Elections in Ethiopia: Law and Practice in Oromia Regional State
    (Addis Ababa University, 2022-05) Yared Legese; Getachew Assefa
    In local elections, citizens participate directly by themselves to elect their local representatives. When they participate, how elections are held, and the laws that regulate elections matter. Local elections should be held freely and fairly following the principles of universal, periodic, free, fair, equal, and secret voting procedures. More importantly, the elections should be held competitively and inclusively. In this regard, the laws governing local elections play a pivotal role in establishing a fair level playing field. The laws governing the elections are primarily guided by the standards set by international human rights instruments and national constitutions. Although not yet realized, in Ethiopia, the reform toward local decentralization and democracy was initiated in 1991. Since then, six national elections and five local elections have been carried out in the country. Particularly, in the Oromia region, local elections have been conducted to elect local representatives to the woreda, kebele, and city administration councils. Though the elections were conducted at a different level, the laws governing local elections in the region do not seem consistent with the standards and principles of election set forth in the international human rights instruments and the national constitution. The laws, in particular, limited the democratic rights of citizens in city council elections by reserving a significant number of seats solely for the dominant groups in the region. In addition to this, the practice of local elections in the region also reveals that elections have not been free, fair, democratic, and competitive and that the ruling party has always dominated the elections. Moreover, the practice also implies that local elections have gotten very little attention from many stakeholders. Therefore, this study examines the law and the practice of local elections in the Oromia region in line with the standards and principles of elections set by international human rights instruments and the FDRE constitution. By combining doctrinal and non-doctrinal research methodologies with a qualitative approach, this paper advocate for the revision of some provisions in the regional laws and enhancing local election practices in the region.
  • No Thumbnail Available
    Item
    Local Elections in Ethiopia: Law and Practice in Oromia Regional State
    (Addis Ababa, Ethiopia, 2022-05) Yared Legese ; Getachew Assefa
    In local elections, citizens participate directly by themselves to elect their local representatives. When they participate, how elections are held, and the laws that regulate elections matter. Local elections should be held freely and fairly following the principles of universal, periodic, free, fair, equal, and secret voting procedures. More importantly, the elections should be held competitively and inclusively. In this regard, the laws governing local elections play a pivotal role in establishing a fair level playing field. The laws governing the elections are primarily guided by the standards set by international human rights instruments and national constitutions. Although not yet realized, in Ethiopia, the reform toward local decentralization and democracy was initiated in 1991. Since then, six national elections and five local elections have been carried out in the country. Particularly, in the Oromia region, local elections have been conducted to elect local representatives to the woreda, kebele, and city administration councils. Though the elections were conducted at a different level, the laws governing local elections in the region do not seem consistent with the standards and principles of election set forth in the international human rights instruments and the national constitution. The laws, in particular, limited the democratic rights of citizens in city council elections by reserving a significant number of seats solely for the dominant groups in the region. In addition to this, the practice of local elections in the region also reveals that elections have not been free, fair, democratic, and competitive and that the ruling party has always dominated the elections. Moreover, the practice also implies that local elections have gotten very little attention from many stakeholders. Therefore, this study examines the law and the practice of local elections in the Oromia region in line with the standards and principles of elections set by international human rights instruments and the FDRE constitution. By combining doctrinal and non-doctrinal research methodologies with a qualitative approach, this paper advocate for the revision of some provisions in the regional laws and enhancing local election practices in the region.
  • No Thumbnail Available
    Item
    The Need for an Independent National Human Rights Institution for Children in Ethiopia
    (Addis Ababa University, 2010-01) Fikreab Gintamo; Yared Legese
  • No Thumbnail Available
    Item
    Treatments of the Rights of National Minorities and Caste. Social Groups in Amhara National Regional State: Law and Practice
    (Addis Ababa, Ethiopia, 2010) Sisay Mengistie; Yared Legese
    The prime motive of the writer to do a research on the rights of national minorities is the . divergence of the Amhara National Regional State Constitution against the Federal Democratic Republic of Ethiopia (FDRE) Constitution on some rights of national minorities. Moreover, the researcher wants to see the status of the Amhara Region government activities against the guaranteed constitutional rights. of national minorities. Besides, the researcher, being watchfiil of the prevalent problems in the area, is enticed to make a comparative survey of the constitution of the Amhara National Regional State (ANRS) in relation to the rights of national minorities with that of the three neighbouring national regional state constitutions (Benshangul-Gumuz, Oromia and Tigray). The research tries to address three fill1damental issues on the rights of national minorities. In the first place, the constitutional guarantees in the FDRE, ANRS and the three national regional states neighbouring to the Amhara National Regional State are assessed in the study. Secondarily, the perception of the national minorities covered in the study and the three organs of the government (legislative, executive, and the judiciary) with regards to the respective constitution of the region and the application of the constitution on the rights of national minorities are scrutinized among others. And finally, the basic distinctions in crafting their constitutions to issues referring national minority rights and in implementing same among the regions covered in the study. In addition to this the research gives some space to assess the histolY, legal and social status ofNegede-Woyto and the Awura-Amba community in relation to the rights of equal treatment, non-discrimination, accommodation and participation in societal as well as political activities. A qualitative approach of data analysis is made use of in the research. Various laws (international, national and regional) and other related documents are utilized as data source in addition to the interview and focus group discussion, the respondents being selected on pwposive basis. The researcher also uses his personal observation as additional source of information. The major findings the research comprises are; identifYing the contradiction between Art.39 (1) of FDRE Constitution and the common Art. 39(4) of national regional states and thus restricts the rights of national minorities in exercising self-rule, representing at regional executive and the judiciwy as well as in issuing regulations and formulating policies which could help them to strengthen their socio-economic and political activities. Furthermore, the three neighbouring national regional states covered in the study denay the rights of those national minorities living in their respective regions and realizing the ignorance of the governments of regional states pertaining to the rights of national minorities and caste social groups . . Finally, the implication on the issue illustrates that the effort to build one economic and political society could be hindered if those problems mentioned above are not corrected in the near future. And this in turn calls for a revision of const itutions and a close monitoring on the practices of the rights of national minorities not only in those regional states covered in the study but also in the other national regional states of Elhiopia.