Objective 4: To Uphold the Principle of Separation of Powers (including
protection of independence of the judiciary and of an effective Parliament)
I.
Summary of CSAR
Constitutional Structure of the Ethiopian Federation
183.
The Federal Democratic Republic of Ethiopia is a federation of nine States and
two city capitals. The CSAR notes that the Federal Constitution provides in Article
50 that the Federal Government and the States have legislative, executive, and
judicial powers.
184.
At the Federal level the Constitution establishes two Houses, namely the House
of Peoples’ Representatives (HoPR), and the House of the Federation (HoF). At
the State level, legislative power is vested in the State Council. The executive
power at the federal level is vested in the Prime Minister and the Council of
Ministers, while at the state level, it is vested in the State Administration. Judicial
power is also vested in Federal and State courts, respectively.
185.
The CSAR stresses that because Ethiopia has adopted the parliamentary form
of government, the separation of powers is not as clear-cut as in the presidential
form of government. The executive is drawn from, and remains part of, the
legislature. The Prime Minister, who is the leader of the party or of a coalition
of parties that has the majority of seats in the HoPR, is an elected member of
the HoPR. In addition to its legislative function, the HoPR has wide powers of
oversight and control over government policy and strategy, and investigates the
conduct and activities of the executive in the discharge of its duties. It elects
the Prime Minister and approves the appointment of members of the Council
of Ministers, Commissioners, and the Auditor-General. The report notes that
the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF) controls the
HoPR as well as the HoF and it observes that “in Ethiopia where the executive
emerges from the Parliament and a dominant political party controls the majority
in Parliament, the legislature works very closely with the executive.”
186.
Furthermore, the CSAR notes that the legislature exercises some degree
of control over the judiciary through its power of approval of the appointment
and removal of Federal judges, as well as budget approvals for the judiciary.
Secondly, it highlights the fact that, notwithstanding the fact that the Constitution
vests judicial power in the courts, the power to resolve constitutional disputes
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