Enforcement Of Fundamental Rights And The Role Of The House Of Federation (hof) Jurisdiction And Limitations

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This is an era of human rights. In the aftermath of the Second World Warrnand particularly following the fall of communist regimes in the formerrnSoviet Union and Eastern Europe, courts have assumed a central role inrnserving as guardians of human rights. Mankind has witnessed popularrngovernments turning into totalitarianism which, in turn, resulted inrnwidespread human rights violations.rnEthiopia, too, experienced thernbitterness of dictatorial rule under a socialist government. Four yearsrnlater after the change of government in 1991, Ethiopia adopted a federalrnconstitution which has recognized a wide-ranging list of human rights.rnAs to enforcement, the House of Federation, the second chamber of thernfederal legislature, has been authorized to be the adjudicator ofrnconstitutional cases. In this regard, the HOF is assisted by the Council ofrnConstitutional Inquiry which has eleven members the majority of whomrnbeing lawyers by profession.rnHowever,rnthe current institutional system hasrncreated confusionrnregarding the respective role of the courts and the HOF in theimplementation of the Constitution . Apart from that, the empowermentrnof a political organ (i.e. the HOF) to decide on constitutional disputes hasrninherent weaknesses for it lacks the essential qualities required from anrnadjudicatory organ. To be more specific, the principles of judicialrnindependence, impartiality and competence do not feature in therninterpreter of the Constitution. Hence, the need for change in the currentrninstitutional set up by way of establishing a full-fledged constitutional court.

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Enforcement Of Fundamental Rights And The Role Of The House Of Federation (hof) Jurisdiction And Limitations

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