• Ousting the Judiciary from its Interpretive Power in Ethiopia. The Ethiopian Revenues and Customs Authority in Focus

Publisher:
Lambert Academic Publishing
Publication date:
2012-04-26
Authors:

(Yemane Kassa has obtained his LL.B degree in 2009 from Jimma University and LL.M degree in Constitutional and Public Law from Addis Ababa University in 2011. He has worked as public prosecutor of the Ethiopia Revenues and Customs Authority. He is now lecturer of law at Debre Markos University.)
ISBN:
9783848492213

Description:

The Ethiopian judiciary is constitutionally constrained from reviewing the constitutionality of laws of any type. Apart from such limit, the legislature today is busy of making laws that stripped judicial function contrary to the Constitution. Court stripping is also made possible to the executive. The empowerment of the Ethiopian Revenues and Customs Authority by regulation to dismiss its employees for ‘any reason’ yet irreversible by decision of any judicial organ is an apparent prove. The Council of Constitutional Inquiry has confirmed the trend stating ‘the legislature is supreme, vested to decide on issues of justiciability and limit judicial power’. Ironically, the Cassation Bench firmly asserted that there is no inherent power of courts in Ethiopia, rather their power emanates from laws; a decision that makes the legislature an organ that denies or grants judicial power. Apparently, the judiciary is left with no power, except when the legislature wills. The effect is worst that rights entrenched in the Constitution are left with no guarantee of judicial protection. A tension continues between constitutional supremacy and de facto supremacy of the legislature and executive.

MATERIAS: Ethiopia, constitution, Judiciary, Justiciability, court stripping, ouster laws

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Summary