Browsing by Author "Gebrezgabher, Gebrecherkos"

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    State of Emergency at Sub-National Level: The Normative Implications of the State of Emergency Proclamation No. 1/2020 of the Tigray Regional State
    (Addis Ababa, Ethiopia, 2021) Gebrezgabher, Gebrecherkos; Assefa, Getachew(Associate professor)
    To minimize abuse of SOE powers, different principles are developed both internationally and nationally to regulate SOE. In addition to this, due to the constitutional division of powers between the federal government and states, in federations, there is an additional issue of allocating SOE powers to both governments. Unlike constitutions of other federations, the FDRE Constitution introduces pure concurrent SOE powers in cases of natural catastrophe and epidemic, without devising mechanisms to regulate possible inconsistencies. This constitutional gap created an illusion on what powers are for the federal government and what others for the states? And how inconsistencies between federal and state laws can be managed? This research, hence, examines the normative implications of the Tigray regional state SOE in the light of the principles of SOE and division of powers. The research shows that in addition to the violation of fundamental principles of SOE, by the SOE law enacted by the Tigray regional state, its enactment and implementation also violated the supremacy clause of the Tigray regional state constitution and was contrary to federal division of SOE powers of different federations. This paper looks at mechanisms of managing concurrent SOE powers in other federations, and attempts to show the shortfalls in the area of the Ethiopian Constitution that may call for its amendment. Accordingly, the findings of the study imply that legislative, executive and judicial mechanisms of managing concurrency as experienced in other federations need to be included in the FDRE Constitution in order to prevent and/or reconcile inconsistencies. These mechanisms also play a great role in avoiding unlawful SOE laws and regulations for they, by their nature, promote checks and balances between the two tiers of governments.