Compatibility of the Revised Oromia National Regional State Constitution of 2001 with the FDRE Constitution with Respect to Adjudication of Constitutionality Issues and its Possible Effects
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Date
2011-06
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Addis Ababa University
Abstract
The objective of this study is to determine the incompatibility between the FDRE Constitution
and the Oromia national regional state constitution on the matter of adjudicating
constitutionality issues and to identify the possible effects of this incompatibility. Hence the study
tries to answer: what are the possible effects of these incompatibilities between the FDRE and
Oromia state constitutions on the matter of constitutional adjudication? To what extent the
organs established under the Oromia state constitution for the purpose of adjudicating and
resolving regional constitutional disputes are competent? What are the impacts of excluding
judiciary from determining the constitutionality of laws under the regional state constitution of
Oromia? Is there any clear mechanism provided under the FDRE Constitution to reconcile the
inconsistencies between the federal and regional laws? To answer these questions, the study
analyzes related provisions of the FDRE Constitution and the state constitution of Oromia with
constitutional adjudication; appropriately reviews the existing literature and critically analyzes
practical cases. The findings of this study include: While federal and state laws must, at least, be
consistent on basic democratic principles, like ensuring separation of powers, check and
balances, independence of judiciary and rule of law in a federation, the state constitution of
Oromia prohibits ordinary courts from reviewing the constitutionality of both laws of the
parliament and subordinate enactments of the executive organs like regulations and directives
contrary to the FDRE Constitution. The exclusion of courts from reviewing the constitutionality
of subordinate legislations of the executive highly erodes the principle of constitutionalism, at
regional state level of Oromia.
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The objective of this study is to determine, the incompatibility between the FDRE Constitution