The Judiciary And Its Interpretive Power In Ethiopia A Case Study Of The Ethiopian Revenues And Customs Authority

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No doubt, the judiciary, if not the only, is the proper custodian of the rule of law and individualrnrights. This happens only if it has the power to review, at least, acts of the executive for itsrncompliance with higher laws. In Ethiopia, it is evident that an independent judiciary with allrnjudicial function regarding justiciable matters is constitutionally established. It is howeverrnconstrained from reviewing the constitutionality of laws of any type. However, the border of itsrnpower vis-a-vis the House of Federation is beyond clarity and its independence is compromisedrnby the acts of the 'supreme' legislature. The legislature seems to be busy of making laws thatrncontain ouster clause which stripped judicial function contrary to the constitution. Judicialrnstripping is also made possible to the executive on the guise of delegation of power. Thernempowerment of the Ethiopian Revenues and Customs Authority by regulation to dismiss itsrnemployees for 'any reason unknown' yet irreversible by a decision of any judicial organ or otherrninstitutions with judicial power is an apparent fact in. this regard.rnDeprivation of court jurisdiction by the legislature and the executive have also got support fromrnthe Council of Constitutional Inquiry (CCI) which stated that the legislature is supreme,rnempowered to decide on issues of justiciability and limit judicial power. Ironically, the FederalrnSupreme Court Cassation Bench joined the game and contributed its part in further restrictingrnjudicial power. It firmly asserted that there is no inherent power for courts in Ethiopia but arnpower that emanates from legislations; a decision that makes the legislature as an organ thatrndetermines judicial power. Yet, ordinary courts have a share on eroding their constitutionalrnmandate. They voluntarily relinquish their power for legally ungrounded reasons. The judiciaryrnis left with no power, except when the other two branches will, thus no constitutional guaranteernof judicial protection of rights. The effect is worst that rights entrenched in the constitution arernmade be deprived by ordinary legislations and subordinate laws. The confusion continuesrnbetween constitutional supremacy and de facto supremacy o/the legislative and executive organs

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The Judiciary And Its Interpretive Power In Ethiopia A Case Study Of The Ethiopian Revenues And Customs Authority

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