The Constitutionality of Enacting Media Law of National Application by the Federal Legislature in Ethiopia
| dc.contributor.advisor | Assefa, Getachew(Associate professor) | |
| dc.contributor.author | Marelign, Hanan | |
| dc.date.accessioned | 2022-02-16T06:02:36Z | |
| dc.date.accessioned | 2023-11-08T11:44:03Z | |
| dc.date.available | 2022-02-16T06:02:36Z | |
| dc.date.available | 2023-11-08T11:44:03Z | |
| dc.date.issued | 2017-11-14 | |
| dc.description.abstract | Division of legislative power of the state between the federal government and the constituent states is one of the essential aspects in the Ethiopian federal arrangement. This thesis investigates the legislative constitutional competence of the federal legislature for enacting Media laws of national application in Ethiopia. The issue at the heart of the thesis is that the constitution has not clearly assigned the legislative jurisdiction in relation to media laws. The FDRE Constitution has provided enumerated and limited powers to the federal government and bestowed residual power to the constituent states. Some of the enumerated powers, however, are stated in a general fashion. This creates ambivalence as to the legislative jurisdiction of media laws in Ethiopia. This thesis attempts to examine the locus of jurisdiction of media law in view of the legislative division of power in the Ethiopian constitution. To this end, it employs tools of legal review, doctrinal analysis and qualitative data obtained from interviews and Archival documents. Looking in retrospect the constitutionality of enacting broadcasting laws of national application by the federal legislature in Ethiopia appears to be justified in three fundamental aspects. Firstly, the federal legislature has the power to legislate a law pertaining to natural resources and limited radio wave is considered as one amongst them. Though digital media is replacing traditional radio wave broadcasting technology, it is still beneficial when mixed with the new. Secondly, the feature of broadcasting media has trans-regional as well as trans-national impact which calls for federal regulation. Thirdly, the federal legislature can enact laws on inter-state commerce and inter-state trade and broadcasting media has trans-state commercial aspect which demands federal regulation. Finally, the paper argues that media laws as part of the legal regime for the enforcement of freedom of expression rights recognized in the constitution falls within the concurrent jurisdictions of federal and state governments which entitles the federal legislature to pass mass media laws. | en_US |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/30117 | |
| dc.language.iso | en | en_US |
| dc.publisher | AAU | en_US |
| dc.subject | Federal legislature, Constitutionality, FDRE Constitution, Media law, Constituent states, Ethiopia, National application. | en_US |
| dc.title | The Constitutionality of Enacting Media Law of National Application by the Federal Legislature in Ethiopia | en_US |
| dc.type | Thesis | en_US |