CEU Electronic Theses and Dissertations, 2013
| Author | Jima, Techan Mergia |
|---|---|
| Title | A TWO-STAGE ANALYSIS TOWARDS INTRODUCING JUDICIAL REVIEW IN ETHIOPIA: LESSONS FROM THE EXPERIENCE OF SOUTH AFRICA |
| Summary | The presence of the power of judicial review by independent judiciary is the greatest, though not the sole, institutional safeguard for the translation of decisive, abstract constitutional norms to constitutional commands. Ethiopia has adopted a ‘novel’ approach to judicial review by entrusting this power to the House of the Federation, ‘a political’ organ also referred to as the upper house of the Parliament lacking the required proficiency to undertake constitutional scrutiny. The system has been the subject for lingering academic and scholarly muses regarding its practical challenges since its foundation. By comparing the judicial review mechanism of Ethiopia with the South African counterpart and beyond, this paper seeks to explore the policy reasons behind the assignment of the power of judicial review in Ethiopia to a rather singular body (the House of the Federation) but not to the judiciary or an ad hoc court and examines an alternative thought. The work involves two stages: the first determines the irrationality of the reasons advanced by the framers of the Constitution when adopting such unique model. In the second stage, it concludes by examining the need for and possibility of involving regular courts in the business of constitutional litigation in Ethiopia. |
| Supervisor | Bockenforde, Markus; Hessebon, Gedion |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2013/jima_techan.pdf |
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