Browsing by Author "Assefa, Getachew (Ass.pro)"

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    The Practice of Constitutional Interpretation in Ethiopia: Methods of Constitutional Interpretation, Speedy Justice, and Practical Challenges
    (AAU, 2020-05) Yadeta , Kenea; Assefa, Getachew (Ass.pro)
    Constitutional interpretation refers to examining the actions of the legislative, judiciary, executive, and administrative arms of the government and to ensure that such actions conform to the provisions of the constitution. It refers to the task of safeguarding the supremacy of a constitution and keeping laws and actions of the government within the constitutional limits. Constitutional interpretation has been considered as one of the main mechanisms to protect fundamental rights enshrined in constitutions from the actions of governments. This study examines the practice of constitutional interpretation in Ethiopia. Specifically, the study attempts to investigate the methods of Constitutional interpretation the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF) practically employ in resolving constitutional disputes. To address these issues, the study employed a mixed research methodology comprising quantitative and qualitative inquiry. Cases decided by CCI and HoF have been analyzed. Moreover, interviews were made with key persons relevant in providing information that helps to answer the research questions. The findings of the study demonstrate that CCI and HoF mainly employ textual, purposive, and holistic methods in resolving constitutional disputes. However, CCI and HoF lacked principles of constitutional interpretation. The study also reveals that the CCI and HoF have failed to decide cases within a short time as promised in the constitution.
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    Settlement of Inter-State Border Dispute in Ethiopian Federation: In the Case of Amahara and Tigray Regions
    (AAU, 2019-12) Fentaw, Ergetu; Assefa, Getachew (Ass.pro)
    Border has been a cause of major disputes between states within the Ethiopian federation and the issue is complex and vexed and its roots can be traced to the coming in to effect of the the 1995 FDRE Constitution. One of the core principles instituted by the constitution is the formation of states along ethnic lines where states are delimited on the basis of settlement patterns, language, identity and consent of the concerned people. Inter-state border is a cause of conflict among certain states of our country. This study is mainly focused on settlement of inter-state border disputes in Ethiopian federation in the case of Amhara and Tigray regions. The Amhara and Tigray inter-state border dispute is exacerbated by the identity issues of Wolqayit and Raya. In fact, the Wolqayit Amhara identity question and the Raya Community identity question has become the question of the Amhara people which in turn pushes the ADP to carry out the question and to come up with solutions. This is the central point which leads the inter-state border dispute between Amhara and Tigray regions. The study has addressed some questions like whether the process which created the boundary between Amhara and Tigray regions was flawed? Is there adequate mechanism and institutional framework in settling Inter-State border dispute in Ethiopian federation? To achieve purpose of the study the writer has employed doctrinal method and practical analysis. Both primary and secondary data sources have been consulted. The study found that, when the EPRDF regime came to power and delimit states based on the criteria set by proclamation number 7/1992 and the 1995 FDRE Constitution; there was no proper consultation with the whole stake holders while the delimitation of Amhara and Tigray regions border has been conducted. The inter-state border dispute between Amhara and Tigray regions; identity issues and self-determination and related constitutional rights of Wolqayit Amhara Identity Committee and Raya Community Identity Committee didn’t get proper solution from the concerned government body /HoF; this is assumed that, Ethiopian Federation lacks legal and institutional mechanism used to settle inter-state border disputes, identity issues, self-determination and related constitutional rights effectively. Therefore; as a federal state it is mandatory to build legal and institutional framework used to settle inter-state border dispute matters and identity questions impartially, independently with predictable decisions.