Federalism

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    Implication of Cassation Over Cassation in the Ethiopian Federal Context: with Special Reference to the Principle of Self-determination
    (Addis Ababa University, 2014-05) Dashura, Abdissa; Gizaw, Girma (PhD)
    The paper strongly emphasize on the implication of Cassation over Cassation in Ethiopian federal context: with special reference to the principle of Self-Determination. Principally, the FDRE Constitution has established ethnic based self-governing federal arrangement in one hand and incDlporates separation of powers especially, dual Court (dual Cassation) system in Ethiopian federalism on the other. Besides this ethnic federalism and the principle of self-determination has been established as a cornerstone of the federal system. The main issue to be addressed in this paper is as whether the Federal Supreme Court Cassation division has been exercising its function properly within a scope allocated between the f ederal government and regional governments, or in the way contradicting with the principle of self-determination. The thesis has also tried to explore the government bodies to take necessOlY measures based on theDlY of separation of power in giving the required remedy in the practice of Cassation over Cassation. In doing so the writer has analyzed real cases that are State mailers in nature but finally decided by federal Supreme Court cassation division. The writer has also provided interview responses and sample respondents Fom targeted groups who generously cooperated in giving a proper answers to the questionnaires and jilrther scrutinizing the meaning of Ethiopian federal constitution as experiences of other countries correlated with the objectives of this thesis. After making serious analysis, the writer, eventually, has reached the Fo/lowinR findings: the federal arrangement of Cassation over Cassation in Ethiopian Federalism has emanated Fom the practical motion in which case distorts the dual court structure andjimctioning out of the Constitutional terms and it shows negative implication on Ethiopianfederal context and particularly on the prinCiple of self-determination. Thus, the power of State Supreme Court Cassation division has been disregarded and prevalence of Cassation over Cassation ~ system has eroded the principle of self-determination that evenlually leads to centralization of power in the counlly. Based on the findings and the conclusions the writer come up with the political theDlY of ~ federalism must thus be resolved by the Federal Supreme Court Cassation division should be stopped Fom intel/ering in state mall"!!. The State COllrts should not be subjugated by the center on their own malleI'S. Intelpretation or modification of unclear provisions by the concerned governmental bodies as predisposed is an appropriate option in order to aileviate the converging func tion and the wrong consll'uction of regional laws version through practicing Cassation over Cassation in the modern Ethiopianfederal context. Key words: Cassation, Cassation over Cassation, Federal Supreme Court Cassation Divi sion, State Supreme COLI rt Cassation Di vision, Federa lism, Constitution, Self-Determination and COLIrt.