Browsing by Author "Yadeta , Kenea"

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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.