that involve the interpretation of the Constitution is vested, not in the judiciary, but in the HoF. Independence of the Judiciary and Effectiveness of Legislature 187. The CSAR reiterates that the independence of the judiciary is guaranteed by the Federal Constitution and observes that there is little indication of political interference at federal level, though “it is reported that occasional administrative interferences occur at regional level”. The CSAR also notes that the Constitution adequately guarantees the independence of the legislature from external influence in the exercise of its legislative functions on all matters assigned to it under the Constitution. It however reiterates the observation that, dominated as it is by the ruling party, the legislature may not pursue its control over the executive aggressively since they both belong to the same party, although members of Parliament are not bound to toe the party line whilst exercising their oversight function. II. Findings of the CRM 188. Confirming the CSAR report, the CRM found out that under the constitutional structure of the Ethiopian federation, the powers of a state are classified into three categories, namely: power to legislate, power to execute, and power to adjudicate. The principle of the separation of powers is that these distinct powers should be vested in, and be exercised by, three different organs of state, namely, the legislature, the executive, and the judiciary. No organ shall encroach on the domain of another but provide checks and balances. The rationale for the principle is to avoid or prevent abuse of power that tends to result from concentrating power in one person or one organ. The principle is most prominent in the presidential form of government. 189. The CRM further confirmed that the Constitution of the FDRE provides for the powers and functions of the three organs of state separately, but does not strictly conform to the principle of the separation of powers. First, under Article 55, the Constitution vests in the HoPR not only powers to legislate on general and specific matters within federal jurisdiction, but also wide ranging powers of oversight and control over government policies and strategies, and over the conduct of the executive in the discharge of its powers and functions. Within the structure of the organs of state set out in Article 50, the HoPR is designated the highest authority of the Federal Government. Its equivalent at the state level, the State Council, is similarly designated the highest organ of state authority. Owing to the nature of the parliamentary form of government under which Ethiopia is governed, the separation of legislative and executive powers is blurred. The executive emerges from, and remains part of, the legislature. This is presently - 96 -

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