Implication of Cassation Over Cassation in the Ethiopian Federal Context: With Special Reference to the Principle of Self-determination
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Date
2014-05
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Addis Ababa University
Abstract
The paper strongly emphasize on the implication of Cassation over Cassation in Ethiopian federal context: with special reference to the principle of Self-Determination. Principally, the FDRE Constitution has established ethnic based self-governing federal arrangement in one hand and incorporates separation of powers especially, dual Court (dual Cassation) system in Ethiopian federalism on the other. Besides this ethnic federalism and the principle of self-determination has been established as a cornerstone of the federal system. The main issue to be addressed in this paper is as whether the Federal Supreme Court Cassation division has been exercising its function properly within a scope allocated between the federal government and regional governments, or in the way contradicting with the principle of self-determination. The thesis has also tried to explore the government bodies to take necessary measures based on theory of separation of power in giving the required remedy in the practice of Cassation over Cassation. In doing so the writer has analyzed real cases that are State matters in nature but finally decided by federal Supreme Court cassation division. The writer has also provided interview responses and sample respondents from targeted groups who generously cooperated in giving a proper answers to the questionnaires and further scrutinizing the meaning of Ethiopian federal constitution as experiences of other countries correlated with the objectives of this thesis. After making serious analysis, the writer, eventually, has reached the Following findings: the federal arrangement of Cassation over Cassation in Ethiopian Federalism has emanated from the practical motion in which case distorts the dual court structure and functioning out of the Constitutional terms and it shows negative implication on Ethiopian federal context and particularly on the principle of self-determination. Thus, the power of State Supreme Court Cassation division has been disregarded and prevalence of Cassation over Cassation system has eroded the principle of self-determination that eventually leads to centralization of power in the country.
Key words: Cassation, Cassation over Cassation, Federal Supreme Court Cassation Division, State Supreme Court Cassation Division, Federalism, Constitution, Self-Determination and Court. Based on the findings and the conclusions the writer come up with the political theory of federalism must thus be resolved by the Federal Supreme Court Cassation division should be stopped from interfering in state matters. The State Courts should not be subjugated by the center on their own matters. Interpretation or modification of unclear provisions by the concerned governmental bodies as predisposed is an appropriate option in order to alleviate the converging function and the wrong construction of regional laws version through practicing Cassation over Cassation in the modern Ethiopian federal context.
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Keywords
Cassation, Cassation over Cassation, Federal Supreme Court Cassation Division, State Supreme Court Cassation Division, Federalism, Constitution, Self-Determination and Court