The Role of Regular Courts in Constitutional Interpretation and its Impact on Protection of Human Rights in Ethiopia: Law and Practice
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Date
2014
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Abstract
A constitution is the basic law by which a nation, people or group organize and govern
themselves. It is thought as an instrument by which government is limited or controlled. A
constitution is considered supreme because it comes directly from the people. A constitution
does not attempt to cover every event. Looking at provision of different countries‟ constitutions
entail us generality as a characteristics feature of a constitution i.e details are not discussed in the
constitutions. Thus, when a new situation arises, or even a new variation of an old situation
arises, the constitution is often looked as a guide. At this juncture the issue of constitutional
interpretation arises.
The system and practice of constitutional interpretation of Ethiopia has created confusion
regarding the respective role of the Regular Courts and the House of Federation. From the very
beginning the empowerment of a political organ ( i.e House of federation) to decide on
constitutional disputes has inherent weakness for it lack the essential qualities from adjudicatory
organ i.e the principles of judicial independence, impartiality and competence do not feature in
the interpreter of the constitution. Moreover, the wisdom of excluding Regular Courts from
adjudication of the constitutional disputes is questionable and has negative effects on the
protection of human rights.
The main objective of the study is to investigate the possible adverse impact of constitutional
interpretation on the protection of human rights. The study also tries to determine the role of
regular courts and to explore the scope of power of House of Federation /Council of
constitutional Enquiry/ as well as the practices on the matter of constitutional interpretation.
Lastly, the study tries to show the incompatibility (mismatch) of laws and practices in the
aforementioned matter and more importantly argue the need of independent and impartial body
for constitutional interpretation in Ethiopia. In addition, the study recommends the amendment of
the existing laws.
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Constitutional Interpretation,Protection Of Human Rights