• COMPETENCE OF ETHIOPIAN COURTS TO ENTERTAIN SOCIO-ECONOMIC RIGHTS:. PRACTICAL APPRAISALS ON CHALLENGES AND PROSPECTS

Publisher:
Lambert Academic Publishing
Publication date:
2011-03-04
Authors:

(Mr. Sisay Bogale Kibret LL.M in Human Rights, at Addis Ababa University, Ethiopia. LL.B Bahir Dar University, Law Faculty, Ethiopia. Lecturer, at Gondar University, Law school, Ethiopia. Part-time Lecturer, at Addis Ababa University,Law Faculty, Ethiopia. Head of the Legal Service Department of Gondar University, Ethiopia.)
ISBN:
9783844312546

Description:

For proper enforcement of socio-economic rights in Ethiopia, two things shall go hand in hand: legal recognition and judicial scrutiny in case of violations. Accordingly, this work explored the recognition of the rights in the Ethiopian legal system and the competence and legitimacy of Ethiopian Courts in the adjudication of these rights. The existing theoretical and practical challenges related to competence and legitimacy of courts and other major impediments are sufficiently identified. The granting of power of interpretation of socio-economic rights in the FDRE Constitution to HoF being the source problem, other obstacles include: ouster clauses against powers of courts, poor perception of the people towards the judiciary, ambiguity on status of international instruments in the FDRE Constitution, non-publication of international instruments, absence of domestic legislation on the contents of socio-economic rights and absence of public interest litigation.

MATERIAS: Socio-economic Rights. Competence, legitimacy, legal Recognition, Justiciabiliy, Minimum Core.