194.
The CRM learnt from its interactive sessions with diverse stakeholders that
empowering regional administrative units at the State and lower levels has
so enabled previously neglected areas to advance dramatically over the past
decade that they are commonly referred to as “emerging regions”. For example,
the State of Benshangul/Gumuz, one of the emerging States where schools
were previously available only in towns, currently boasts of at least one primary
school in every village. Through that power sharing, citizens at the different
levels participate in development planning and implementation.
195.
In most countries, the power to resolve any constitutional dispute involving
interpretation of the Constitution is vested in the courts but, under Article 83 of the
Ethiopian Constitution, that function is reserved for the HoF. Such a dispute may
pertain to whether any federal or state law contravenes or is inconsistent with the
Constitution, or whether any act or omission is unconstitutional. A constitutional
issue may be referred by a court when it arises in proceedings before that court,
or by any interested party.
196.
The CRM was informed during one of the interactive sessions that the rationale
for vesting that power in the HoF is that making and understanding the
Constitution mainly entails political considerations. For this reason a political
organ, rather than a judicial one, is better suited to resolve constitutional issues,
taking into account political considerations. This rationale may well be logical
and pragmatic. However, the arrangement portends a possible difficulty. In a
dispute that is, or is perceived to be, related to partisan politics, an impartial
judicial decision would be more readily accepted and respected than one by a
single-party-dominated HoF which would be seen as a judge in its own cause
contrary to the cardinal principle of natural justice.
197.
In resolving constitutional disputes, the HoF is assisted by the Council of
Constitutional Inquiry, established by the Constitution with the mandate of
investigating such disputes and making recommendations thereon. If, upon
consideration of the dispute, the Council finds it necessary to interpret the
constitution, the dispute - with its recommendation thereon – is submitted to
the HoF for a final decision. Where the Council finds that there is no need for
constitutional interpretation, it may return the case to the courts.
198.
The composition of the Council of Constitutional Inquiry is noteworthy. The
Federal Supreme Court President and Vice-President serve respectively, as
President and Vice-President of the Council. Other members are: (a) six legal
experts of proven professional competence and high moral standing, appointed
by the President of the Republic on recommendation of the HoPR; and, (b) three
persons designated by the HoF from among its members.
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