The Need to Establish Constitutional Court: Its Appropriateness for the Protection of Human Rights in Ethiopia.
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Date
2021-05
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Abstract
In 21 st Century human rights are at the center-stage of everything. They advocate for
constitutional and democratic government. In so as to protect and enforce human rights, the
government powers should constitutionally be limited. To this effect, there should be
constitutional adjudicating body supervising the government powers in line with constitutionally
pre-set limitations with a view to ensure protection and enforcement of human rights. Put
differently, protection and enforcement of human rights presuppose on the existence of strong
and independent constitutional adjudicator. The latter entertains constitutional adjudications
and review legislations and decisions so as to make certain that human rights are getting
protection and enforcement. In case when they are not, it takes remedial actions. In Ethiopia,
human rights to review legislations and entertaining constitutional adjudications. Conversely,
constitutionally are not getting protection and enforcement as a result of institutional
inappropriateness and functional unsuitability of CCI/HoF, constitutional adjudicatory body, in
carrying out its function guaranteed human rights should able to get protection and enforcement
they need to be enjoyed by the right-holders. Constitutional rights’ contents and scopes should
better be determined and specified to courts, litigants and individuals. Besides, constitutional
review should be carried out properly. In this regard, CCI/HoF has not been discharging its
function properly which in turn is affecting the protection of human rights in Ethiopia.
Therefore, the researcher argues that Ethiopia should promptly establish Constitutional Court
with a view to give protection and effective enforcement to fundamental human rights.
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Keywords
human rights, constitutional court, constitutional review, constitutional interpretation.