The Judiciary and Its Interpretive Power in Ethiopia: A Case Study of the Ethiopian Revenues and Customs Authority
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Date
2011-11
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Addis Ababa University
Abstract
No doubt, the judiciary, if not the only, is the proper custodian of the rule of law and individual
rights. This happens only if it has the power to review, at least, acts of the executive for its
compliance with higher laws. In Ethiopia, it is evident that an independent judiciary with all
judicial function regarding justiciable matters is constitutionally established. It is however
constrained from reviewing the constitutionality of laws of any type. However, the border of its
power vis-a-vis the House of Federation is beyond clarity and its independence is compromised
by the acts of the 'supreme' legislature. The legislature seems to be busy of making laws that
contain ouster clause which stripped judicial function contrary to the constitution. Judicial
stripping is also made possible to the executive on the guise of delegation of power. The
empowerment of the Ethiopian Revenues and Customs Authority by regulation to dismiss its
employees for 'any reason unknown' yet irreversible by a decision of any judicial organ or other
institutions with judicial power is an apparent fact in. this regard.
Deprivation of court jurisdiction by the legislature and the executive have also got support from
the Council of Constitutional Inquiry (CCI) which stated that the legislature is supreme,
empowered to decide on issues of justiciability and limit judicial power. Ironically, the Federal
Supreme Court Cassation Bench joined the game and contributed its part in further restricting
judicial power. It firmly asserted that there is no inherent power for courts in Ethiopia but a
power that emanates from legislations; a decision that makes the legislature as an organ that
determines judicial power. Yet, ordinary courts have a share on eroding their constitutional
mandate. They voluntarily relinquish their power for legally ungrounded reasons. The judiciary
is left with no power, except when the other two branches will, thus no constitutional guarantee
of judicial protection of rights. The effect is worst that rights entrenched in the constitution are
made be deprived by ordinary legislations and subordinate laws. The confusion continues
between constitutional supremacy and de facto supremacy o/the legislative and executive organs
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Law