Browsing by Author "Amare, Abraham"

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    Individuals“ Constitutional Complaints under the Ethiopian Constitutional Litigation System: The Law and the Practice.
    (Addis Ababa University, 2018-02) Amare, Abraham; Assefa, Getachew (Associate Professor)
    This thesis is aimed to focus on comparative perspective of Individuals’ Constitutional Complaints in general view of different countries of the world and their different legal mechanisms, as well as it is, particularly, intended to point-up on Ethiopian current Individuals’ Constitutional direct access to complaints and the procedural system. Most of the time the countries’ experiences evidenced that their differences lied on their legal system which means, obviously, the common law legal system or the continental or civil law legal tradition. Their differences also are positioned in their political and constitutional culture of both sides. But, surprisingly, in some countries’ practices it could find out that merged or fused or modified kind of constitutional litigation system. There are also other kinds of models out of these two above mentioned that their Constitutional Adjudication systems are organized, for example, in their Constitutional Council, Second Chamber or the National Council, Parliament or specialized parliamentary bodies, etc. The author of this thesis really impressed to the Individual Constitutional Complaints (ICC) either experiences of the constitutional court or the amparo proceeding of judicial review of constitutional rights. The third alternative, the focal point of this writing is, to which its constitutional jurisdiction is existed under the parliament or the Upper House or the House of Federation (HoF) or some say it the Second Chamber. The FDRE constitution furnished a power to the House of Federation to interpret the constitution. It stated that the House has the power to interpret the Constitution.1 Thus, the Ethiopian new constitutional system emerging a newfangled experience that is neither a constitutional court’s nor a supreme court’s judicial review jurisdiction of constitutional interpretational mechanism. As it is attempted to highlight above, the purpose of this research paper doesn’t mean to show the constitutional adjudication system merely, instead this Research Paper deliberately to focus on and to shin out the Individuals’ Constitutional Complaints system of the Ethiopian contemporary legal and practical experiences. Indeed, the constitutional adjudication or constitutional review arrangement of one country is strictly interrelated with the subject matter of this thesis. For the rationale of the Individuals’ Constitutional Complaints system of the Ethiopian contemporary legal and practical experiences, this thesis is organized into four main chapters. Chapter one deals with the introduction, chapter two focuses on comparative aspects of other countries experience of ICC, chapter three discusses the Ethiopian current legal and practical arrangements with regard to ICC and chapter four encompasses with conclusion and recommendations.