Research article

JUDICIAL POWER OF HOUSE OF FEDERATION AND ITS IMPACTS ON HUMAN RIGHTS IN ETHIOPIA

Fufa File Jabna*1 Kuma Beyene Fita2 Gutu Bayisa Wakjira3

Online First: December 07, 2022


Having regard to their legal philosophy and historical background, countries opted for different organ for constitutional interpretation and checking the constitutionality of laws. Most countries, however, either established special organ within judicial system for this purpose or empower their ordinary courts. By being among a few exceptions, Ethiopia empowers the House Federation with a power of constitutional interpretation and checking constitutionality of laws. So far more 3000 cases were brought to HoF through CCI, and only on less than 50 cases that this organ exercises this constitutionally guaranteed power. Other cases were rejected by claiming that there is no need of constitutional interpretation and/or checking constitutionality of laws. Close examinations of the implications of these judgments (both cases those rejected and entertained) revealed that constitutionally guaranteed individual and group rights has been violated by CCI and HoF in course of exercising these powers. The findings of this research show that this is mainly due to structural and compositional deficit of the organs. By relying on these findings this research recommends the division of the power of constitutional interpretation and checking constitutionality of laws between ordinary courts and House of federation. This is to mean that constitutionally guaranteed individual rights are better protected if the power of constitutional interpretation is given to ordinary courts and constitutional adjudication in relation to group rights along with some modifications is reserved to the same organ.

Keywords

Judicial Power, FDRE Constitution, House of Federation, Human Rights, Ethiopia