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Showing posts with label constitutional law. Show all posts
Showing posts with label constitutional law. Show all posts

Sunday, January 19, 2025

Constitutional Interpretation in Ethiopia

The Constitution is the highest (the supreme)law of in Ethiopia. Sometimes .there is conflict between proclamations and the constitution. Thus ,a question may arise whether it conflicts with the constitution or not. In some countries there are special constitutional courts that interpret the constitution. In some other countries,like USA ,the hiest level of courts (their supreme courts)interprete the constitution. In Ethiopia,the House of Federation is the organ that interpretes the constitution.It has legal experts (council) named as council of constitutional inquiry. What questions do you have on issues related to constitutional interpretation in Ethiopia?

Friday, March 9, 2012

What do you think about the Independence of the Judiciary in Ethiopia?


 
       As it is well-known the principles of separation of powers and independence of the judiciary are key to ensure a real democracy and rule of law. To that end,there must be clear legal instruments and institutions that ensure the independence of the judiciary. The 1995 Constitution unequivocally declares the independence of the Ethiopian judicial branch(See article 78 of the FDRE constitution). .In and of itself ,however,the declaration of independence does not equate to the creation of independence if institutions and systems are unable or unwilling to shoulder the burdens and share the power in a practical and well-established procedure. 

     The Judiciary at the Federal and Regional levels are administered by their own Judicial administration Councils.Thus, this is what we call self-regulation which by itself is a good tool for securing the independence of the judiciary.In this regard the selection,recruitment,promotion,demotion,etc...of judges in Ethiopia are handled by this council.

      While we discuss this issue there are other very important points that must be put in perspective such as the salary and benefits package of judges,the amount and the administration of court budgets, etc...which have either a direct or indirect impact on resolving the issue.

                You can share us facts and your own opinions on the issue at hand.

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Prohibition of Double Jeopardy

There is a penalty for a crime. Prohibition of double jeopardy of a well established criminal law principle. It is also included in the cdri...