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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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

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