CEU Electronic Theses and Dissertations, 2012
| Author | Beyene, Temesgen |
|---|---|
| Title | The Question of Independent and Impartial Constitutional Adjudicator in Ethiopia: A Comparative Study with Germany and South Africa |
| Summary | The main focus of this thesis is evaluating the independence and impartiality of Ethiopian constitutional adjudicator and showing the inappropriateness of a political oriented institution to handle constitutional adjudicatory role. To achieve the aim of this thesis, constitutional adjudicators of three jurisdictions are compared: Germany, South Africa and Ethiopia. Relevant books and articles written on these jurisdictions are consulted and specific cases that are suitable for this thesis are also used. The organization of the institution and the way how and by whom its members are elected or appointed are decisive factors to measure the independence and impartiality constitutional adjudicator. If members of the institution are not elected or appointed in a non-political manner and free from partisan interest, the impartiality of the institution as a constitutional adjudicator will be underestimated. Compared to Germany and South African constitutional adjudicators, the Ethiopian HOF is found to be dependent and partial. The way the institution is established as part of the legislative branch has contributed for the dependency of the institution on the legislative and executive branches of the government. Moreover, the way members of the HOF are elected and the political nature of the institution have contributed for the partiality of the HOF towards the political party that the majority of members are represented. As a constitutional adjudicator, the HOF is dominated by State Councils only. The Federal government has no any role in the election process and its interest is not represented there. Lack of representation in the HOF undoubtedly will affect Federal government’s interest in the process of constitutional adjudication and this will endanger the overall nationwide interest in the country. |
| Supervisor | Gar Yein Ng |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/beyene_temesgen.pdf |
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