Increasing Submissions of Human Rights Violation Complaints Before the Federal Council of Constitutional Inquiry: Issues Related to 'Trigger’s
No Thumbnail Available
Date
2018-09
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University,
Abstract
This thesis is explored the triggering grounds behind the increment of human right violations
complaints before the Council of Constitutional Inquiry. The study thus, tray to find the
triggering ground behind the increment. By using qualitative methodology, it analyzed both
primary and secondary sources of data. The primary sources include in-depth interview with
individual complaints, attorneys, the members and legal experts of the Council. As a secondary
source, analysis of cases files and cases flow summary report of the Council are examined.
Finally, the overall finding of the study shows that, the reasons that trigger the increment of
human rights violation complaints can be categorized in to three. The first describes the
disposition of complaints that trigger to submit their allegation of human rights violation to the
Council. The second triggering ground is related to the particular reasons related with the most
increasing specific human rights complaints. And the third is reasons associated with the
Council that contributes for increment. Concerning the disposition of the complainant,
misunderstanding on constitutional interpretation and the mandate and function of the Council
found out to be the major triggering factor for the increment. Moreover, complainant perspective
toward the justices system contributes for the increment. Concerning issues related with the
subject matter; focusing on property related right complaints, it is found out that the normative
and process related issues and the nature of the right itself triggers the increment. As pulling
triggering grounds accessibly of the Council in terms of cost, procedure, and place are found out
as a reason for the increment. The increment is affecting the Council since clearly inadmissible
cases are taking the time of the Council. Due to this application which have clear constitutional
cause of action are not entertained within the appropriate time. Therefore, based on the finding
it is concluded that the Council needs to device a schemes to curb this case load.
Description
Keywords
CCI, Constitutional Interpretation, Triggering Grounds, Increasing Submissions of Human Rights Violation Complaints