Increasing Submissions Of Human Rights Violationcomplaints Before The Federal Council Ofconstitutional Inquiry Issues Related To Triggers

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This thesis is explored the triggering grounds behind the increment of human right violations complaints before the Council of Constitutional Inquiry. The study thus, tray to find the triggering ground behind the increment. By using qualitative methodology, it analyzed both primary and secondary sources of data. The primary sources include in-depth interview with individual complaints, attorneys, the members and legal experts of the Council. As a secondary source, analysis of cases files and cases flow summary report of the Council are examined. Finally, the overall finding of the study shows that, the reasons that trigger the increment of human rights violation complaints can be categorized in to three. The first describes the disposition of complaints that trigger to submit their allegation of human rights violation to the Council. The second triggering ground is related to the particular reasons related with the most increasing specific human rights complaints. And the third is reasons associated with the Council that contributes for increment. Concerning the disposition of the complainant, misunderstanding on constitutional interpretation and the mandate and function of the Council found out to be the major triggering factor for the increment. Moreover, complainant perspective toward the justices system contributes for the increment. Concerning issues related with the subject matter; focusing on property related right complaints, it is found out that the normative and process related issues and the nature of the right itself triggers the increment. As pulling triggering grounds accessibly of the Council in terms of cost, procedure, and place are found out as a reason for the increment. The increment is affecting the Council since clearly inadmissible cases are taking the time of the Council. Due to this application which have clear constitutional cause of action are not entertained within the appropriate time. Therefore, based on the finding it is concluded that the Council needs to device a schemes to curb this case load.

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Increasing Submissions Of Human Rights Violationcomplaints Before The Federal Council Ofconstitutional Inquiry Issues Related To Triggers

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