Since the new constitution of Ethiopia enacted in 1995, Ethiopia's legal system consisted of federal law with bicameral legislature. [1] The House of People's Representatives (HoPR) is the lower chamber of bicameral legislature of Federal Parliamentary Assembly with 547 seats and the House of Federation with 108 seats, the former vested on executive power of Prime Minister and the Council of Ministers, and the latter have authority to interpret federal law and oversees regional and federal decisions.
The Prime Minister, elected by members of HoPR, is an executive power whereas the President serves ceremonial power, only can approve new laws in HoPR. The judicial body of Ethiopia is independent with two structures: the federal and state courts, and the Federal Supreme Court is cession division that can overturn and review the lower courts of both federal and state level. The Ministry of Justice mandates the law enforcement under Article 23 Proclamation 471/2005, overseeing the Federal Police Commission.
The Constitution of Federal Democratic Republic of Ethiopia establishes two house parliament for the federal government; the lower chamber of bicameral legislature is House of People's Representatives (HoPR) with 547 seats, and the upper chamber, the House of Federation (HoPR), has 108 seats. [2] [3] [4] [5] The highest legislative authority vested in the HPR— in comparable to first or lower chamber— served an interest of the federation as whole. The members of HoPR are elected in plural vote in every five years elections. [6] HoPR retained 20 seats for minority group in order to secure their representation. However, they are seen as insignificant than others in the FDRE constitution, only declared them shall be determined by law. [7]
Ethiopia follows parliamentary system wherein the largest political parties representing in HoPR can preside/approve over members of executive Council of Prime Minister and the Prime Minister. [8] [9] In addition, the HoPR also have authority to nominate or candidate the President, who would be accepted by two-third majority of both chambers. [10] The President has minimal or limited power in executive legislature, [11] but can sign new laws from HoPR, [12] whereas the Prime Minister is executive power, similar to presidential systems. [13]
Members of HoPR popularly elected for five-year term known as "first-past-the post" electoral system. [14] [15] [16] The HPR roles are to enact laws on the matters assigned by federal jurisdiction and ratify national policy standard. [17] [18] Another roles including an appointment of federal judges, the ratification of international agreements, and supervision of members of the executive. The upper chamber, the House of Federation, serves representational institution for regional units of "Nations, Nationalities and People's". [19] Each ethnolinguistic groups should have one representative in HOF, [20] and necessarily, the representative would be fractured into extra for each population if population number given to consideration. [21] [22] Members of HOF are elected by state council in each regional state. [3] [23] The HOF vested power to interpret the federal constitution, [24] and rights to decide self-determination of groups [25] ultimately, secession, [26] resolution happened between states, and determines the joint revenue of federal and state units. [27] [28]
The Prime Minister and Council of Ministers are the highest executive power accountable to HoPR which is elected by members of HoPR, and not subject to term limit. [29] The Prime Minister has the following functions: [30] [31] [32]
The Council of Ministers has equivalent authority as Prime Minister, comprising The Prime Minister and its subordinates, the Deputy Prime Minister and Ministers that could be determined by law. The Council of Ministers has the following functions: [33] [34] [35]
The Federal Democratic Republic of Ethiopia consisted of eleven regional states and two chartered cities such as Addis Ababa and Dire Dawa. [36] [37] [38] These regional states have legislative, executive and judicial power over state jurisdiction. With legislative scope, these state have the right to enact and execute state constitutions, which have authority over legislative, executive and judicial branch of state administration. [39]
All member states in the federation comprised a legislative organ called State Council. [40] [41] The State Council has authority over legislation under state jurisdiction, including drafting, and amending state constitution, and provide its members and their modalities in their election. [42] [43] Many states have unicameral house and parliamentary council functioned to enact and decide laws in the constitution, in spite of two second legislative bodies could determine the constitutional issues similar to House of Federation. As constitutional parliamentary body, they are called House of Nationalities. [44]
It is the highest executive organ within the state administration. [45] [46] The state's administration has Chief Administrator, or Regional Administrator as its chief executive officer, and is elected by members of the political coalition of State Council which are a majority. The power vested to form state executive council and nominate member as the Chief Administrator, Deputy Administrator and other heads of various regional bureaus obligated to be confirmed by State Council. In general, the state executive council has the right to enact laws and policies enacted by the State Council or federal legislature, and its structure could be extended through third-level administrative units, such as Zones and woredas. [47] [48]
Judicial legislature totally independent with two court structures: [49] [50] [51] the federal court and the state court, which have both vested in courts. [52] [53] The Constitution guarantees HoPR to oversit the federal judicial authority in Federal Supreme Court, if necessary, they would subordinate federal courts. [54] There are Federal Supreme Court in Addis Ababa and developed recently; the Federal High Court and First Instance Courts are existing in the two chartered city, Addis Ababa and Dire Dawa. [55] [56] The Federal High Courts have established five states, which have ability to integrate within the state or "area designated for its jurisdiction" or if deemed "necessary for efficient rendering of justice". [57] [58]
Each court has civil, criminal and labor division that contain presiding judges along two other judges for each division. [59] The Federal High Court is cession division that completely have overturn or review decision by lower federal court or State Supreme Court containing fundamental errors of law. [60] [61] In addition, the judicial decision in cession division of the Federal High Court during interpreting law associated the Federal and state courts. The Constitution stipulates the federal court control over constitutional or national jurisdiction, i.e. international matters; for example, the Article 3(3) state that the Federal Court Proclamation have judicial power on FDRE constitution or in federal law. [62] Similar stipulation in Article 5 states the involvement of civil jurisdiction over federal government organ is party, their duties and official responsibilities. Article 4 also guarantees similar acts wherein the Federal Courts Proclamation affects in every aspects of national interests, including in economy or foreign relations. [63]
The FDRE Constitution guarantees the President and vice-president appointed by HoPR with recommendation of Prime Minister and other federal judges appointed by HOF, from list of candidates by the Federal Judicial Administration Commission (FJAC). [64] [65] [66] The federal court prohibits any removal of judges until their retirement and violation of disciplinary rules, gross incompetence, or inefficiency, or illness that prevents the judge out of responsibility. The FJAC also authorized these disciplinary rules, appointment and promotion or condition of employment. [67]
The FJAC consists of nine federal judges and three members of HoPR, composed by their sorts: [68]
The FJAC also has the following powers and duties: [69]
The Addis Ababa Charter established kebele (currently there are 200 kebeles). [70] [71] Social Courts used to hearing monetary and property claims by 5,000 ETB. [72] These Courts decisions can be appealed through First-Instance City Courts. [73] [74]
The First Instance and Appellate Court is the cession division in municipal jurisdiction of Addis Ababa. [75] If needed, the Appellate Court decision brought to Federal Supreme Court, who terminate jurisdictional conflicts between federal or municipal levels. [76] The Addis Ababa City Court have civil, criminal and petty offense jurisdiction, whereas the Oromia Region Government similarly implemented municipal court consisting 10,000 people. [77] [78]
The Ministry of Justice has the largest executive power fallen under federal courts. The Article 23 Proclamation 471/2005 detailed about the power of Ministry of Justice: [79]
The Federal Police Commission was established in 1995 under Proclamation No.313/2013, which is accountable for Ministry of Federal Affairs. [80] The Federal Police Commission has a duties and functions: [81]
The Federal Prison Commission also coded in Proclamation No. 365/2003 accountable to the Ministry of Federal Affairs. They have a role of disciplinary actions toward prisoners, providing rehabilitation to ease the prisoner's behavior and conduct. It has a power to most prison facilities. [82] [83] [84]
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Since the new constitution of Ethiopia enacted in 1995, Ethiopia's legal system consisted of federal law with bicameral legislature. [1] The House of People's Representatives (HoPR) is the lower chamber of bicameral legislature of Federal Parliamentary Assembly with 547 seats and the House of Federation with 108 seats, the former vested on executive power of Prime Minister and the Council of Ministers, and the latter have authority to interpret federal law and oversees regional and federal decisions.
The Prime Minister, elected by members of HoPR, is an executive power whereas the President serves ceremonial power, only can approve new laws in HoPR. The judicial body of Ethiopia is independent with two structures: the federal and state courts, and the Federal Supreme Court is cession division that can overturn and review the lower courts of both federal and state level. The Ministry of Justice mandates the law enforcement under Article 23 Proclamation 471/2005, overseeing the Federal Police Commission.
The Constitution of Federal Democratic Republic of Ethiopia establishes two house parliament for the federal government; the lower chamber of bicameral legislature is House of People's Representatives (HoPR) with 547 seats, and the upper chamber, the House of Federation (HoPR), has 108 seats. [2] [3] [4] [5] The highest legislative authority vested in the HPR— in comparable to first or lower chamber— served an interest of the federation as whole. The members of HoPR are elected in plural vote in every five years elections. [6] HoPR retained 20 seats for minority group in order to secure their representation. However, they are seen as insignificant than others in the FDRE constitution, only declared them shall be determined by law. [7]
Ethiopia follows parliamentary system wherein the largest political parties representing in HoPR can preside/approve over members of executive Council of Prime Minister and the Prime Minister. [8] [9] In addition, the HoPR also have authority to nominate or candidate the President, who would be accepted by two-third majority of both chambers. [10] The President has minimal or limited power in executive legislature, [11] but can sign new laws from HoPR, [12] whereas the Prime Minister is executive power, similar to presidential systems. [13]
Members of HoPR popularly elected for five-year term known as "first-past-the post" electoral system. [14] [15] [16] The HPR roles are to enact laws on the matters assigned by federal jurisdiction and ratify national policy standard. [17] [18] Another roles including an appointment of federal judges, the ratification of international agreements, and supervision of members of the executive. The upper chamber, the House of Federation, serves representational institution for regional units of "Nations, Nationalities and People's". [19] Each ethnolinguistic groups should have one representative in HOF, [20] and necessarily, the representative would be fractured into extra for each population if population number given to consideration. [21] [22] Members of HOF are elected by state council in each regional state. [3] [23] The HOF vested power to interpret the federal constitution, [24] and rights to decide self-determination of groups [25] ultimately, secession, [26] resolution happened between states, and determines the joint revenue of federal and state units. [27] [28]
The Prime Minister and Council of Ministers are the highest executive power accountable to HoPR which is elected by members of HoPR, and not subject to term limit. [29] The Prime Minister has the following functions: [30] [31] [32]
The Council of Ministers has equivalent authority as Prime Minister, comprising The Prime Minister and its subordinates, the Deputy Prime Minister and Ministers that could be determined by law. The Council of Ministers has the following functions: [33] [34] [35]
The Federal Democratic Republic of Ethiopia consisted of eleven regional states and two chartered cities such as Addis Ababa and Dire Dawa. [36] [37] [38] These regional states have legislative, executive and judicial power over state jurisdiction. With legislative scope, these state have the right to enact and execute state constitutions, which have authority over legislative, executive and judicial branch of state administration. [39]
All member states in the federation comprised a legislative organ called State Council. [40] [41] The State Council has authority over legislation under state jurisdiction, including drafting, and amending state constitution, and provide its members and their modalities in their election. [42] [43] Many states have unicameral house and parliamentary council functioned to enact and decide laws in the constitution, in spite of two second legislative bodies could determine the constitutional issues similar to House of Federation. As constitutional parliamentary body, they are called House of Nationalities. [44]
It is the highest executive organ within the state administration. [45] [46] The state's administration has Chief Administrator, or Regional Administrator as its chief executive officer, and is elected by members of the political coalition of State Council which are a majority. The power vested to form state executive council and nominate member as the Chief Administrator, Deputy Administrator and other heads of various regional bureaus obligated to be confirmed by State Council. In general, the state executive council has the right to enact laws and policies enacted by the State Council or federal legislature, and its structure could be extended through third-level administrative units, such as Zones and woredas. [47] [48]
Judicial legislature totally independent with two court structures: [49] [50] [51] the federal court and the state court, which have both vested in courts. [52] [53] The Constitution guarantees HoPR to oversit the federal judicial authority in Federal Supreme Court, if necessary, they would subordinate federal courts. [54] There are Federal Supreme Court in Addis Ababa and developed recently; the Federal High Court and First Instance Courts are existing in the two chartered city, Addis Ababa and Dire Dawa. [55] [56] The Federal High Courts have established five states, which have ability to integrate within the state or "area designated for its jurisdiction" or if deemed "necessary for efficient rendering of justice". [57] [58]
Each court has civil, criminal and labor division that contain presiding judges along two other judges for each division. [59] The Federal High Court is cession division that completely have overturn or review decision by lower federal court or State Supreme Court containing fundamental errors of law. [60] [61] In addition, the judicial decision in cession division of the Federal High Court during interpreting law associated the Federal and state courts. The Constitution stipulates the federal court control over constitutional or national jurisdiction, i.e. international matters; for example, the Article 3(3) state that the Federal Court Proclamation have judicial power on FDRE constitution or in federal law. [62] Similar stipulation in Article 5 states the involvement of civil jurisdiction over federal government organ is party, their duties and official responsibilities. Article 4 also guarantees similar acts wherein the Federal Courts Proclamation affects in every aspects of national interests, including in economy or foreign relations. [63]
The FDRE Constitution guarantees the President and vice-president appointed by HoPR with recommendation of Prime Minister and other federal judges appointed by HOF, from list of candidates by the Federal Judicial Administration Commission (FJAC). [64] [65] [66] The federal court prohibits any removal of judges until their retirement and violation of disciplinary rules, gross incompetence, or inefficiency, or illness that prevents the judge out of responsibility. The FJAC also authorized these disciplinary rules, appointment and promotion or condition of employment. [67]
The FJAC consists of nine federal judges and three members of HoPR, composed by their sorts: [68]
The FJAC also has the following powers and duties: [69]
The Addis Ababa Charter established kebele (currently there are 200 kebeles). [70] [71] Social Courts used to hearing monetary and property claims by 5,000 ETB. [72] These Courts decisions can be appealed through First-Instance City Courts. [73] [74]
The First Instance and Appellate Court is the cession division in municipal jurisdiction of Addis Ababa. [75] If needed, the Appellate Court decision brought to Federal Supreme Court, who terminate jurisdictional conflicts between federal or municipal levels. [76] The Addis Ababa City Court have civil, criminal and petty offense jurisdiction, whereas the Oromia Region Government similarly implemented municipal court consisting 10,000 people. [77] [78]
The Ministry of Justice has the largest executive power fallen under federal courts. The Article 23 Proclamation 471/2005 detailed about the power of Ministry of Justice: [79]
The Federal Police Commission was established in 1995 under Proclamation No.313/2013, which is accountable for Ministry of Federal Affairs. [80] The Federal Police Commission has a duties and functions: [81]
The Federal Prison Commission also coded in Proclamation No. 365/2003 accountable to the Ministry of Federal Affairs. They have a role of disciplinary actions toward prisoners, providing rehabilitation to ease the prisoner's behavior and conduct. It has a power to most prison facilities. [82] [83] [84]
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