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
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