States Of Exception Under The Fdre Constitution

The FDRE Constitution has empowered the federal and regional governments to exercise theirrnrespective powers and functions autonomously. States establish and administer their own policernforce and maintain public order and peace within their territory. Moreover, the Constitution hasrnincluded a comprehensive list of human rights. Individuals and groups enjoy such rights withinrnthe bound of some limitations. This is true in the period of normalcy. Some odd situations,rnhowever, dictate the government to deviate from the rules applicable in ordinary time. Therefore,rnit is wise to govern such conditions in advance.rnThe Constitution has provided federal intervention and state of emergency as states of exceptionrnto cope with inevitable exigencies. However, such exceptions in turn have come up withrnproblems on the autonomy of states and enjoyment of human rights. First, situations that requirernfederal intervention are not sharply delineated from the ordinary situations and are simply left tornbe determined by the federal government, in many cases. Besides, the measures takenrnconsequently are intrusive on the autonomy of states. Second, the Constitution and subsequentrnlaws left gray areas that can be used as grounds for federal intervention or state of emergency.rnThis opens a way for the federal government to choose either of the states of exceptions tornsuspend human rights or regional governments alternatively. Third, practically, problems arernescalating because the federal government is using its security forces to hush down challengesrnagainst its legitimacy, rather than solving them peacefully. Furthermore, human rights arernsuspended beyond the extent necessary to avert the exigency.rnTo avoid such problems, the researcher suggests that states of exception should be strictlyrnapplied after all peaceful means resorted are found ineffective and should only target on avertingrnextraordinary conditions. Care should be taken not to unnecessarily subdue states’ autonomy andrnhuman rights using states of exception as a principle

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