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Compatibility of the Revised Oromia National Regional State Constitution of 2001 with the FDRE Constitution with R ADDIS ABABA UNIVERSITY SCHOOL OF GRADUATE STUDIES FACULTY OF LAW CONSTITUTIONAL AND PUBLIC LAW STREAM COMPATIBILITY OF THE REVISED OROMIA NATIONAL REGIONAL STATE CONSTITUTION OF 2001 WITH THE FDRE CONSTITUTION WITH RESPECT TO ADJUDICATION OF CONSTITUTIONALITY ISSUES AND ITS POSSIBLE EFFECTS BY- SOLOMON EMIRU GUTEMA ADVISOR- ABERRA DAGAFA, [LL.B, LL.M, Assistant professor] JUNE 2011, ADDIS ABABA. 1 | P a g e www.chilot.me COMPATIBILITY OF THE REVISED OROMIA NATIONAL REGIONAL STATE CONSTITUTION OF 2001 WITH THE FDRE CONSTITUTION WITH RESPECT TO ADJUDICATION OF CONSTITUTIONALITY ISSUES AND ITS POSSIBLE EFFECTS A THESIS SUBMITTED TO THE SCHOOL OF GRADUATE STUDIES OF ADDIS ABABA UNIVERSITY FACULTY OF LAW CONSTITUTIONAL AND PUBLIC LAW STREAM IN PARTIAL FULFILLMENT OF THE REQUIRMENTS FOR THE DEGREE OF MASTERS OF LAWS [LL.M] IN CONSTITUTIONAL AND PUBLIC LAW JUNE 2011, ADDIS ABABA. 2 | P a g e www.chilot.me DECLARATION I hereby declare that “Compatibility of the Revised Oromia National Regional State Constitution of 2001 with the FDRE Constitution with Respect to Adjudication of Constitutionality Issues and its Possible Effects” is my own original work which has not been presented for any degree or examination in any University and the sources used have been duly acknowledged and cited. Solomon Emiru Gutema Signed__________________ 3 | P a g e www.chilot.me APPROVAL SHEET BY THE BOARD OF EXAMINERS ADDIS ABABA UNIVERSITY LAW FACULTY, CONSTITUTIONAL AND PUBLIC LAW STREAM Compatibility of the Revised Oromia National Regional State Constitution of 2001 with the FDRE Constitution with respect to Adjudication of Constitutionality Issues and its Possible Effects BY: Solomon Emiru Gutema APPROVAL OF BOARD EXAMINERS Advisor: Aberra Dagafa (Assistant Professor) _____________ Signature ________________ ______________ Examiner Signature _______________ _______________ Examiner Signature Addis Ababa June, 2011 4 | P a g e www.chilot.me Table of Contents Abstract ....................................................................................................... Error! Bookmark not defined. CHAPTER ONE ......................................................................................... Error! Bookmark not defined. 1.1.Introduction ....................................................................................... Error! Bookmark not defined. Background of the Study..................................................................... Error! Bookmark not defined. Statement of the problem .................................................................... Error! Bookmark not defined. Research questions .............................................................................. Error! Bookmark not defined. Literature review ................................................................................. Error! Bookmark not defined. Objective of the Study......................................................................... Error! Bookmark not defined. Significance of the Study .................................................................... Error! Bookmark not defined. Research Methodology ....................................................................... Error! Bookmark not defined. Limitation of the Study ....................................................................... Error! Bookmark not defined. Organization of the Study ................................................................... Error! Bookmark not defined. CHAPTR TWO ........................................................................................... Error! Bookmark not defined. 2. Conceptual and Theoretical Framework ............................................. Error! Bookmark not defined. 2.1 Definition ...................................................................................... Error! Bookmark not defined. 2.2 The Conceptual and Theoretical Framework of Constitutional Adjudication ....Error! Bookmark not defined. 2.3 Theories of Constitutional Adjudication ....................................... Error! Bookmark not defined. I) The Diffuse System ......................................................................... Error! Bookmark not defined. II) The Centralized System ................................................................. Error! Bookmark not defined. III) The Mixed System ........................................................................ Error! Bookmark not defined. 2.4 Overview of Constitutional Adjudication in Some Federal States Error! Bookmark not defined. A) The United States of America ........................................................ Error! Bookmark not defined. B) The Federal Republic of Germany ................................................. Error! Bookmark not defined. C) The Swiss Federation ..................................................................... Error! Bookmark not defined. 2.5 Pros and Cons of vesting the Power of Constitutional Adjudication in the Courts ............... Error! Bookmark not defined. CHAPTER THREE .................................................................................... Error! Bookmark not defined. 3.Constitutional Adjudication under the FDRE Constitution and the Revised Oromia National Regional State Constitution of 2001 ...................................................................... Error! Bookmark not defined. 3.1 Constitutional Adjudication in Ethiopia: Historical Overview ..... Error! Bookmark not defined. 5 | P a g e www.chilot.me 3.2 Constitutional Adjudication under the FDRE Constitution of 1995 ............ Error! Bookmark not defined. 3.2.1 Legal Ambiguities With Respect to Constitutional Adjudication under the Ethiopian Federation ............................................................................................................ Error! Bookmark not defined. 3.3 Constitutional Adjudication at Sub-national Level under the Ethiopian Federation ............. Error! Bookmark not defined. 3.4 Constitutional Adjudication under the Revised Oromia National Regional State Constitution ............................................................................................................ Error! Bookmark not defined. 3.5 Role of Judiciary in Constitutional Adjudication under the FDRE Constitution Error! Bookmark not defined. 3.5.2 Power of the Judiciary under the Revised Oromia National Regional State Constitution in Constitutional Adjudication ................................................................ Error! Bookmark not defined. CHAPTER FOUR ....................................................................................... Error! Bookmark not defined. 4.Possible Effects of Incompatibility between the FDRE Constitution and the Revised National Regional State Constitution of Oromia ................................................... Error! Bookmark not defined. 4.1 Purposes of Comparison ............................................................... Error! Bookmark not defined. 4.1.1 Comparing the laws (Provisions of the Constitutions) .............. Error! Bookmark not defined. 4.1.2 Comparing the Practices ............................................................ Error! Bookmark not defined. Summary of case one .............................................................................. Error! Bookmark not defined. A case investigated on 1/4/1996 E.C.by the Council of Constitutional Inquiry Error! Bookmark not defined. Case Summary Two ................................................................................ Error! Bookmark not defined. The Coalition for Unity and Democracy (CUD) versus Prime Minister Meles Zenawi Case ..... Error! Bookmark not defined. 4.1.3 Possible Effects of the Incompatibilities between the FDRE Constitution and the Revised Oromia National Regional State Constitution on the Issues of Constitutional Adjudication ...... Error! Bookmark not defined. Conclusion and Recommendation .............................................................. Error! Bookmark not defined. Conclusion .............................................................................................. Error! Bookmark not defined. Recommendation .................................................................................... Error! Bookmark not defined. Bibliography 6 | P a g e www.chilot.me Acknowledgements Thank you Jesus for bringing me from the deepest cave to the highest hill! I would like to express my deepest gratitude to my advisor Aberra Dagafa, lecturer at Addis Ababa University Law School; whose constructive suggestions and comments were immense throughout my writing. Then, I would like to extend my thanks to my father Emiru Gutema and my mother Melkitu Barkessa; they kindly encouraged me by their continuous advice and financial supports during my earlier academic career. My thanks extend to Dereje Ayana and his family; they helped me a lot in my life. In writing this thesis; I have benefited from many friends. Among them I would like to mention, Amsalu Darge, Dejene Galata and Gamachis Marsha. 7 | P a g e www.chilot.me Abstract The objective of this study is to determine the incompatibility between the FDRE Constitution and the Oromia national regional state constitution on the matter of adjudicating constitutionality issues and to identify the possible effects of this incompatibility. Hence the study tries to answer: what are the possible effects of these incompatibilities between the FDRE and Oromia state constitutions on the matter of constitutional adjudication? To what extent the organs
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