The Ouster of Judicial Jurisdiction by The Legislature in Ethiopia: Inventory of Causes and Effects
| dc.contributor.advisor | Getachew Assefa(Associate Professor) | |
| dc.contributor.author | Melaku Getachew | |
| dc.date.accessioned | 2023-12-07T08:17:56Z | |
| dc.date.available | 2023-12-07T08:17:56Z | |
| dc.date.issued | 2022-12-02 | |
| dc.description.abstract | The FDRE Constitution exclusively vests judicial power in courts. The Constitution also enshrines provisions designed to guarantee the institutional as well as personal independence of the judiciary. An independent judiciary is critical in keeping the branches of government within their legal bounds and in safeguarding citizens' rights from abuse. Although the FDRE Constitution confers judicial power on courts, the legislator's various ousting laws have deferred ordinary court jurisdiction to resolve the cases. This seems to have undermined the inherent judicial power and role of courts in adjudicating those cases mostly administrative in nature. Judicial ouster legislation empowers competent tribunals to have judicial power, leading to the creation of many such tribunals. This paper will study the causes and effects of the ouster of judicial jurisdiction by the legislature. It will do so by consulting relevant provisions of the FDRE Constitution, various Federal ouster statutes, FSCCD-decided cases, and relevant literature. In addition, interviews were used to gather information. The findings show that the primary cause for referring cases from ordinary courts to tribunals is the need to adjudicate cases by an organ composed of experts in the field. Different administrative tribunals, of course, are made up of lawyers and experts in other fields, e.g. accountants. Likewise, judicial ousting helps to establish tribunals that adjudicate cases economically and expediently. Although it varies by case, most Administrative Tribunal cases result in a final decision in a shorter time than ordinary courts, ensuring that justice is delivered speedily. The ability of tribunals to render speedy justice is aided by procedural flexibility. Moreover, judicial predictability and consistency, as well as striking a balance between the public and individual interests, are other major justifications for the legislature to strip courts of their judicial jurisdiction. The finding further reveals that those tribunals have neither cleared enough constitutional base, structure, and composition nor institutional competence to exercise judicial power and render an effective final decision. The paper argues that tribunals should be independent in the appointment and removal of judges, as well as financially from the executive, to effectively realize the justifications for their establishment. They should also be easily accessible across the country. | |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/344 | |
| dc.language.iso | en_US | |
| dc.publisher | AAU | |
| dc.title | The Ouster of Judicial Jurisdiction by The Legislature in Ethiopia: Inventory of Causes and Effects | |
| dc.type | Thesis |