Monday, August 28, 2023

The current Ethiopian Legal system has its basis from the Constitution of the FDRE. This Constitution, adopted in 1995, has many proponents and opponents. It is, in fact, one of the most debatable constitutions in the world. There are regional states, members of the federation, and political groups who strongly argue that they were not adequately (if not at all) represented during the adoption process and hence question  its legitimacy from the outset. There are many people who believe the constitution is the prime source of the ethnic conflicts and the resulting political unrest in almost all parts of the country. This belief is developed as a result of the ethnic based territorial organization of member states and the resulting failure of protection of minorities.

The Constitution's gap in failing to establish a strong upper chamber and constitutional adjudicatory body, which could both serve as a watch-dog of the federal system, by keeping the balance between the shared rule and self rule, is marginalizing states from time to time. 

Yet, the legal principles that allow for separation of power and judicial independence, and that provide for substantive and procedural rights are essential for the justice system. The provision that obliges the interpretation of human rights provisions in light of international human rights instruments adopted by Ethiopia allows for the direct application of UDHR, ICCPR, ICESCR and others. The bulk of codes and laws of the country (civil, commercial, and criminal alike) are thus bound to be interpreted in conformity of this grand law. 

  ያልተጠየቀ ዳኝነት አይሰጥም፤ በግልጽ ያልተሰጠ ፍርድም አይፈጸምም። መሰረታዊው የፍትሐብሔር ክርክር አመራር መርህ በግልጽ ያልተጠየቀ ዳኝነት አይሰጥም የሚል ነው። ይህም ስለፍርድ በሚያትተው የፍትሀብሄር ሥነ-ሥርዓት ህጉ...