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Silencing the Ethiopian Courts: Non-Judicial Constitutional Review and its Impact on Human Rights

34 Pages Posted: 3 Dec 2010  

Chi Mgbako

Fordham University School of Law

Sarah Braasch

affiliation not provided to SSRN

Aron Degol

affiliation not provided to SSRN

Melisa Morgan

affiliation not provided to SSRN

Felice Segura

affiliation not provided to SSRN

Teramed Tezera

affiliation not provided to SSRN

Date Written: 2008

Abstract

This Report culminates a semester-long project undertaken by the Walter Leitner International Human Rights Clinic at Fordham Law School, in partnership with faculty and students at Ethiopia's Addis Ababa University Faculty of Law, to study Ethiopia's system of non-judicial constitutional review and to investigate its impact on the protection of fundamental human rights and freedoms. The 1995 Constitution of the Federal Democratic Republic of Ethiopia (“FDRE”) provides broad human rights protections in conformity with international human rights laws and principles. Nonetheless, the House of Federation (“HOF”), a parliamentary political organ that represents the political interests of Ethiopia's ethnic groups, is mandated to interpret the Constitution at the exclusion of the judiciary. While in Ethiopia, the Leitner Clinic-Addis Ababa Law School delegation met with Ethiopian lawyers, judges, human rights defenders, constitutional law scholars, and representatives from the Ministry of Justice, HOF, and Prime Minister's Office. This Report presents the findings of this research effort.

Suggested Citation

Mgbako, Chi and Braasch, Sarah and Degol, Aron and Morgan, Melisa and Segura, Felice and Tezera, Teramed, Silencing the Ethiopian Courts: Non-Judicial Constitutional Review and its Impact on Human Rights (2008). Fordham International Law Journal, Vol. 32, p. 259, 2008; Fordham Law Legal Studies Research Paper . Available at SSRN: https://ssrn.com/abstract=1719135

Chi Mgbako (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Sarah Braasch

affiliation not provided to SSRN ( email )

Aron Degol

affiliation not provided to SSRN ( email )

Melisa Morgan

affiliation not provided to SSRN ( email )

Felice Segura

affiliation not provided to SSRN ( email )

Teramed Tezera

affiliation not provided to SSRN ( email )

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