የሰበር ሰበርና ተግዳሮቶቹ በIትዮጵያ. (Amharic)
In: Mizan Law Review, Jg. 9 (2015-09-01), Heft 1, S. 175-200
Online
academicJournal
Zugriff:
The Ethiopian Constitution has allocated judicial power to the Federal Supreme Court and to State Courts on the basis of distinction between “federal matters” and “state matters” in the sense that the former fall within the jurisdiction of the Federal Courts while state matters are adjudicated by the State Courts. However, the Federal Supreme Court Cassation Division has been re-examining cases on a cassation procedure regardless of whether the issue involves a federal or a state matter. The main theme of this article is that the Federal Supreme Court's reexamination of state matters is against the letters and spirit of the Constitution and has no legal basis. Such practice puts the federal and federated member states'power sharing arrangement at risk. Furthermore, the practice would open flood gates of cases to the bench of the Federal Supreme Court Cassation Division, thereby making it inefficient in terms of timely disposition of cases and quality of decisions. This article underlines that there is neither legal nor factual basis for cassation over cassation in state matters in the present day Ethiopia. It is further argued that, given its limited resources both human and logistics, it would have been better for the Federal Supreme Court Cassation Division to limit its focus on cases of national and strategic interest rather than on cases having merely local impact. In the author's view, the practice of cassation by the federal court over state matters is a misallocation of meager judicial resources. The article proposes that the Federal Supreme Court Cassation Division should undertake ‘hands-off' principle in cases of state matters. The federal judiciary should rather actively engage itself in capacity building activities of the State Courts, as it is constitutionally mandated to do so, instead of ‘micromanaging' their day to day court cases through cassation over cassation. [ABSTRACT FROM AUTHOR]
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Titel: |
የሰበር ሰበርና ተግዳሮቶቹ በIትዮጵያ. (Amharic)
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Autor/in / Beteiligte Person: | ረዳI, መሓሪ |
Link: | |
Zeitschrift: | Mizan Law Review, Jg. 9 (2015-09-01), Heft 1, S. 175-200 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
ISSN: | 1998-9881 (print) |
DOI: | 10.4314/mlr.v9i1.6 |
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