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Judicial Referral of Constitutional Disputes in Ethiopia: From Practice to Theory

Judicial Referral of Constitutional Disputes in Ethiopia: From Practice to Theory TAKELE SOBOKA BULTO ∗ I. INTRODUCTION Legal systems have long known the pressure exerted by the executive or the legislative branches on their judicial counterparts in the battle for more operative legal space, or alternatively, to constrain judicial oversight of the respective activities of the other two branches of a state.1 Likewise, jurisdictional competitions for adjudications of constitutional issues have reached heightened proportions in some countries,2 due mainly to ordinary courts’ reluctance to cede cases to the stand-alone constitutional courts or other similar tribunals.3 ∗ LLB (Addis Ababa University), LLM (University of Pretoria), MA (Addis Ababa University), PhD Candidate and Teaching Fellow, Melbourne Law School, The University of Melbourne, Australia; formerly Judge, Supreme Court of Oromia State. This article was written when this author was a visiting Part-time Assistant Professor at the Law Faculty of Addis Ababa University during December 2009 and January 2010, where he taught in the Graduate Program. He gratefully acknowledges the helpful comments of his friends Awol Allo (PhD candidate at the University of Glasgow), Assistant Professor Tsegaye Regassa (Ethiopian Civil Service College), Assistant Professor Getachew Assefa (Addis Ababa University) and Associate Professor Assefa Fisseha (Ethiopian Civil Service College), for their comments on an http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Judicial Referral of Constitutional Disputes in Ethiopia: From Practice to Theory

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Publisher
Edinburgh University Press
Copyright
©© Edinburgh University Press 2011
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2011.0005
Publisher site
See Article on Publisher Site

Abstract

TAKELE SOBOKA BULTO ∗ I. INTRODUCTION Legal systems have long known the pressure exerted by the executive or the legislative branches on their judicial counterparts in the battle for more operative legal space, or alternatively, to constrain judicial oversight of the respective activities of the other two branches of a state.1 Likewise, jurisdictional competitions for adjudications of constitutional issues have reached heightened proportions in some countries,2 due mainly to ordinary courts’ reluctance to cede cases to the stand-alone constitutional courts or other similar tribunals.3 ∗ LLB (Addis Ababa University), LLM (University of Pretoria), MA (Addis Ababa University), PhD Candidate and Teaching Fellow, Melbourne Law School, The University of Melbourne, Australia; formerly Judge, Supreme Court of Oromia State. This article was written when this author was a visiting Part-time Assistant Professor at the Law Faculty of Addis Ababa University during December 2009 and January 2010, where he taught in the Graduate Program. He gratefully acknowledges the helpful comments of his friends Awol Allo (PhD candidate at the University of Glasgow), Assistant Professor Tsegaye Regassa (Ethiopian Civil Service College), Assistant Professor Getachew Assefa (Addis Ababa University) and Associate Professor Assefa Fisseha (Ethiopian Civil Service College), for their comments on an

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Mar 1, 2011

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