This article examines the jurisprudence of the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF) in resolving constitutional disputes with a view to identifying the principles/approaches utilized in their decisions and its human rights implication. These organs are entrusted with the power to interpret the Constitution upon application by private parties or court referral of cases. The article also examines patterns in the judiciary’s referral of cases for constitutional interpretation, and it discusses the methods and principles used by CCI/HoF in constitutional interpretation. Although the CCI/HoF has not expressly adopted distinct principles/approaches of constitutional interpretation, they can be inferred from the jurisprudence of the CCI and the HoF. I argue that there is inconsistent application of principles of constitutional interpretation. This is related with the incoherence observed in the constitutional interpretation of fundamental human rights recognized under the FDRE Constitution and ratified international human rights conventions. This shows that the HoF –which is a political body– has failed to protect basic human rights through its decisions that involve politically sensitive cases. There is thus the need to develop and adopt rules of procedure and principles of constitutional interpretation that can ensure predictability, consistency and coherence in HOF/CCI decisions towards the protection of human rights. Key terms Human rights, Constitutional interpretation, House of Federation, Council of Constitutional Inquiry
{"title":"The Jurisprudence and Approaches of Constitutional Interpretation by the House of Federation in Ethiopia","authors":"A. Mulu","doi":"10.4314/MLR.V13I3.4","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.4","url":null,"abstract":"This article examines the jurisprudence of the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF) in resolving constitutional disputes with a view to identifying the principles/approaches utilized in their decisions and its human rights implication. These organs are entrusted with the power to interpret the Constitution upon application by private parties or court referral of cases. The article also examines patterns in the judiciary’s referral of cases for constitutional interpretation, and it discusses the methods and principles used by CCI/HoF in constitutional interpretation. Although the CCI/HoF has not expressly adopted distinct principles/approaches of constitutional interpretation, they can be inferred from the jurisprudence of the CCI and the HoF. I argue that there is inconsistent application of principles of constitutional interpretation. This is related with the incoherence observed in the constitutional interpretation of fundamental human rights recognized under the FDRE Constitution and ratified international human rights conventions. This shows that the HoF –which is a political body– has failed to protect basic human rights through its decisions that involve politically sensitive cases. There is thus the need to develop and adopt rules of procedure and principles of constitutional interpretation that can ensure predictability, consistency and coherence in HOF/CCI decisions towards the protection of human rights. \u0000Key terms \u0000Human rights, Constitutional interpretation, House of Federation, Council of Constitutional Inquiry","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"419-441"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48721491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Countries sign bilateral double tax treaties (DTTs) to avoid or mitigate double taxation in cross border economic activity. It is hardly possible to ignore the effect of double taxation in the era of globalization. DTTs are signed between two countries to allocate tax jurisdiction between them and to avoid tax disputes between the taxpayer and the country concerned. Nonetheless, tax disputes crop up since such treaties may be open to interpretation at the time of implementation. Hence, DTTs contain tax dispute resolution mechanism. The widely recognized dispute resolution mechanisms are the mutual agreement procedure (MAP) –a kind of negotiation between the two contracting states– and compulsory arbitration. However, the aptness and efficacy of these tax dispute resolution mechanisms have been seriously questioned particularly from the vantage point of developing countries such as Ethiopia. Although Ethiopia has signed several DTTs with a view to attracting FDI, no study has been made which sheds some light on the essence and operation of the MAP in the DTTs. This note aims at exploring the tax dispute resolution mechanisms incorporated in DTTs since such mechanisms have implication for developing countries including Ethiopia. Key terms Globalization, International taxation, Double taxation, Mutual agreement procedure, Compulsory arbitration
{"title":"A Note on Resolution of Tax Disputes Arising from DTTs and Implications for Developing Countries","authors":"Aschalew Ashagre Byness","doi":"10.4314/MLR.V13I3.7","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.7","url":null,"abstract":"Countries sign bilateral double tax treaties (DTTs) to avoid or mitigate double taxation in cross border economic activity. It is hardly possible to ignore the effect of double taxation in the era of globalization. DTTs are signed between two countries to allocate tax jurisdiction between them and to avoid tax disputes between the taxpayer and the country concerned. Nonetheless, tax disputes crop up since such treaties may be open to interpretation at the time of implementation. Hence, DTTs contain tax dispute resolution mechanism. The widely recognized dispute resolution mechanisms are the mutual agreement procedure (MAP) –a kind of negotiation between the two contracting states– and compulsory arbitration. However, the aptness and efficacy of these tax dispute resolution mechanisms have been seriously questioned particularly from the vantage point of developing countries such as Ethiopia. Although Ethiopia has signed several DTTs with a view to attracting FDI, no study has been made which sheds some light on the essence and operation of the MAP in the DTTs. This note aims at exploring the tax dispute resolution mechanisms incorporated in DTTs since such mechanisms have implication for developing countries including Ethiopia. \u0000Key terms \u0000Globalization, International taxation, Double taxation, Mutual agreement procedure, Compulsory arbitration","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47700773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Credits from informal credit markets are commonly used by those who have limited access to formal financial institutions. There is no comprehensive legal framework that deals with informal credit markets in Ethiopia. The lack of clear, effective and enforceable legal framework to regulate transactions in the informal credit markets has created uncertainty on the applicable laws. Legal contentions on the formation of valid loan contracts and in relation to interest rates have caused ambiguities and inconsistent patterns of interpretation among courts, legal professionals and parties who are involved in the informal credit markets as borrower or lender. This article examines how the provisions of the Civil Code that regulate contract of loan are used and interpreted by courts and contracting parties. Thirty court cases are used to examine how courts apply the provisions of the Civil Code in their decisions in loan related cases in the context of informal credit markets. Key terms Contract of loan, Enforcement of contract, Access to finance, Informal credit markets, Oral evidence, Parol evidence rules
{"title":"Uncertainties in the Enforcement of Loan Agreements in the Informal Credit Markets in Ethiopia","authors":"Gebreyesus Abegaz Yimer","doi":"10.4314/MLR.V13I3.6","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.6","url":null,"abstract":"Credits from informal credit markets are commonly used by those who have limited access to formal financial institutions. There is no comprehensive legal framework that deals with informal credit markets in Ethiopia. The lack of clear, effective and enforceable legal framework to regulate transactions in the informal credit markets has created uncertainty on the applicable laws. Legal contentions on the formation of valid loan contracts and in relation to interest rates have caused ambiguities and inconsistent patterns of interpretation among courts, legal professionals and parties who are involved in the informal credit markets as borrower or lender. This article examines how the provisions of the Civil Code that regulate contract of loan are used and interpreted by courts and contracting parties. Thirty court cases are used to examine how courts apply the provisions of the Civil Code in their decisions in loan related cases in the context of informal credit markets. \u0000Key terms \u0000Contract of loan, Enforcement of contract, Access to finance, Informal credit markets, Oral evidence, Parol evidence rules","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42868921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Many jurisdictions use criminal informants –suspects or defendants who provide evidence in return to a charge or a sentence benefit– to investigate and prosecute mainly organized crimes. Ethiopia has also embraced this investigation and prosecution tool with respect to some selected crimes. This article examines and explicates the legal framework on criminal informant in the context of four proclamations governing corruption, terrorism, trafficking and smuggling in persons, and witness and whistle blowers protection. I argue that the law suffers considerable limitations and gaps in articulating complete, clear and coherent standards for informant selection, and consistent concessions and benefits, as well as in terms of instituting adequate guarantees and meaningful enforcement mechanisms to protect defendants against the blemishes of the informant system. Key terms Criminal informant, Evidence, Substantial evidence, Concessions, Safeguards, Witness protection, Ethiopia
{"title":"The Law of Criminal Informant in Ethiopia","authors":"Alemu Meheretu Negash","doi":"10.4314/MLR.V13I3.5","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.5","url":null,"abstract":"Many jurisdictions use criminal informants –suspects or defendants who provide evidence in return to a charge or a sentence benefit– to investigate and prosecute mainly organized crimes. Ethiopia has also embraced this investigation and prosecution tool with respect to some selected crimes. This article examines and explicates the legal framework on criminal informant in the context of four proclamations governing corruption, terrorism, trafficking and smuggling in persons, and witness and whistle blowers protection. I argue that the law suffers considerable limitations and gaps in articulating complete, clear and coherent standards for informant selection, and consistent concessions and benefits, as well as in terms of instituting adequate guarantees and meaningful enforcement mechanisms to protect defendants against the blemishes of the informant system. \u0000Key terms \u0000Criminal informant, Evidence, Substantial evidence, Concessions, Safeguards, Witness protection, Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"442-471"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44138806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With a view to attracting investors, the Government of Ethiopia has offered a variety of incentives and financing schemes. However, the incentives or loan options can be inadequate, susceptible to corrupt practices and inaccessible to many business undertakings. This article examines other possible options of raising investment fund privately from the general public by issuing debt security (debenture). Instead of looking for hand outs of governments or sole reliance on bank loan, investors can raise investment fund from the general public –even beyond national borders– by offering debenture bonds for public subscription. A debenture is debt security that entitles its holder to collect periodic interest until the loan is paid back. Compared to bank loans, raising investment fund through the instrumentality of debentures is more advantageous. The rate of interest, the volume of loan needed for running business, and the time for repayment can be determined by investors. Moreover, the loan is not generally subject to collateral. This article highlights the nature, form, and class of debenture under Ethiopian law, and discusses the legal requirements for the issuance of debenture, the amount of money that can be raised by issuing debentures, the status of debentures in Ethiopia, and legal safeguards for repayment of the loan. Key terms Debenture, Bond, Investor, Floating charge, Creditor, Debtor, Ethiopia
{"title":"Debenture as Alternate Scheme of Raising Investment Fund and Its Prospects under Ethiopian Company Law","authors":"L. Anebo","doi":"10.4314/MLR.V13I3.1","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.1","url":null,"abstract":"With a view to attracting investors, the Government of Ethiopia has offered a variety of incentives and financing schemes. However, the incentives or loan options can be inadequate, susceptible to corrupt practices and inaccessible to many business undertakings. This article examines other possible options of raising investment fund privately from the general public by issuing debt security (debenture). Instead of looking for hand outs of governments or sole reliance on bank loan, investors can raise investment fund from the general public –even beyond national borders– by offering debenture bonds for public subscription. A debenture is debt security that entitles its holder to collect periodic interest until the loan is paid back. Compared to bank loans, raising investment fund through the instrumentality of debentures is more advantageous. The rate of interest, the volume of loan needed for running business, and the time for repayment can be determined by investors. Moreover, the loan is not generally subject to collateral. This article highlights the nature, form, and class of debenture under Ethiopian law, and discusses the legal requirements for the issuance of debenture, the amount of money that can be raised by issuing debentures, the status of debentures in Ethiopia, and legal safeguards for repayment of the loan. \u0000Key terms \u0000Debenture, Bond, Investor, Floating charge, Creditor, Debtor, Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"333-362"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49553546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters. Key terms Judicial power, Federalism, Decentralization, Self-governance, Ethiopia
{"title":"Judicial Power Decentralization in Ethiopia: Practical Limitations and Implications on Self-governance of Regional States","authors":"Nigussie Afesha","doi":"10.4314/MLR.V13I3.2","DOIUrl":"https://doi.org/10.4314/MLR.V13I3.2","url":null,"abstract":"Ethiopia’s Constitution provides for a parallel –federal and state– court system. While federal courts entertain cases of federal matter, state courts adjudicate regional matters. However, there are ambiguous issues and practical limitations relating to this judicial power decentralization, some of which have an undesirable implication on the self-governance of regional states. These are the federal versus state matter controversy, the scope of the Federal Judicial Administration Council’s involvement in the nomination of state court judges, lack of standard criteria to calculate the cost regional state courts incur in exercising delegated judicial powers and the issue of cassation over cassation on state matters. Several challenges arise from the distribution of judicial authority in Ethiopia. First, regional states have done little with regard to distinguishing state matters from federal matters, and claiming reimbursement for costs they incur in exercising delegated federal judicial power. Second, the federal Supreme Court allocates nominal compensatory budget without considering the number of federal cases that are adjudicated in state courts and accordingly computing the cost incurred while state courts exercise delegated federal judicial power. Third, cassation over cassation on state matters seems to be inconsistent with the federal arrangement. These factors indicate gaps in the decentralization of judicial power which necessitate constitutional and legislative measures that can rectify these limitations commensurate with the power of regional states to exercise judicial power in regional matters. \u0000Key terms \u0000Judicial power, Federalism, Decentralization, Self-governance, Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"13 1","pages":"363-383"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43376776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ethiopia’s Legal Education Reform Programme (launched in 2006) was based on series of studies which identified the problems in Ethiopia’s legal education, the causes and consequences of the problems and the standards that are required to be attained by law schools. After more than a decade, however, the level of compliance with the standards is still an issue of concern. This calls for self-assessment by each law school based on check-list regarding (i) the level of awareness about the standards for Ethiopian law schools, (ii) standards that are partly achieved and should be enhanced, (iii) what has not been achieved and should be pursued, and (iv) the problems that have been aggravated. Such self-assessment requires closer examination into the entry point (i.e., student admission and academic staff employment), inputs, processes, student-learning environment, and outputs. This article discusses the factors that necessitated the 2006 legal education reform programme and examines the core elements of the reform without, however, dealing with the details on achievements and challenges. Key terms Legal education · Quality · Standards · LL.B programmes · Reform · Ethiopia
{"title":"Ethiopia’s 2006 Legal Education Reform Programme: Aspirations and Standards","authors":"E. N. Stebek","doi":"10.4314/mlr.v13i2.1","DOIUrl":"https://doi.org/10.4314/mlr.v13i2.1","url":null,"abstract":"Ethiopia’s Legal Education Reform Programme (launched in 2006) was based on series of studies which identified the problems in Ethiopia’s legal education, the causes and consequences of the problems and the standards that are required to be attained by law schools. After more than a decade, however, the level of compliance with the standards is still an issue of concern. This calls for self-assessment by each law school based on check-list regarding (i) the level of awareness about the standards for Ethiopian law schools, (ii) standards that are partly achieved and should be enhanced, (iii) what has not been achieved and should be pursued, and (iv) the problems that have been aggravated. Such self-assessment requires closer examination into the entry point (i.e., student admission and academic staff employment), inputs, processes, student-learning environment, and outputs. This article discusses the factors that necessitated the 2006 legal education reform programme and examines the core elements of the reform without, however, dealing with the details on achievements and challenges. \u0000Key terms \u0000Legal education · Quality · Standards · LL.B programmes · Reform · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines attainments and challenges in the pursuits of legal education reform launched in 2006. Achievements and challenges in LL.B programmes are examined based on the standards of the legal education reform programme relating to admission of students to law schools, staff profile, standards of reform relating to curriculum, course delivery, assessment, law school autonomy, research, publications, quality assessment and the requisite resources thereof. There are commendable achievements such as raising the duration of legal education from four to five years, the introduction of LL.B exit exam, and the preparation of a significant number of teaching materials. However, the data, documents and literature discussed and analyzed in this article indicate that the level of quality and standards in Ethiopia’s legal education stand below most of the thresholds that were envisaged in the 2006 Legal Education Reform Programme. Key terms Legal education reform · Quality · Standards · LL.B programmes · Ethiopia
{"title":"Legal Education Reform Pursuits in Ethiopia: Attainments and Challenges (2006-2019)","authors":"E. N. Stebek","doi":"10.4314/mlr.v13i2.2","DOIUrl":"https://doi.org/10.4314/mlr.v13i2.2","url":null,"abstract":"This article examines attainments and challenges in the pursuits of legal education reform launched in 2006. Achievements and challenges in LL.B programmes are examined based on the standards of the legal education reform programme relating to admission of students to law schools, staff profile, standards of reform relating to curriculum, course delivery, assessment, law school autonomy, research, publications, quality assessment and the requisite resources thereof. There are commendable achievements such as raising the duration of legal education from four to five years, the introduction of LL.B exit exam, and the preparation of a significant number of teaching materials. However, the data, documents and literature discussed and analyzed in this article indicate that the level of quality and standards in Ethiopia’s legal education stand below most of the thresholds that were envisaged in the 2006 Legal Education Reform Programme. \u0000Key terms \u0000Legal education reform · Quality · Standards · LL.B programmes · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42475910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As an exercise of sovereign power, the lawmaker adopts public policies to achieve certain ends. However, public policies need justifications. One such public policy is criminalisation of conduct whereby the lawmaker may have to use both doctrinal and empirical justifications. Such empirical justification is criminal statistics. All the three organs – the police, the prosecution office and the court – are required by law to collect and keep criminal statistics. Statistical data may not be available for initial adoption of legislation; yet they are essential inputs during the revision process. Even though criminal statistics do not define the outcome of the decision of the lawmaker, one would expect that they would be used as one major input for the continuous evaluation of such law. This article examines the use of criminal statistics in the adoption/revision of criminal provisions and finds that no criminal statistics is presented in the legislative process. This appears to be for two reasons. First , the various bills were drawn up and presented by agencies claiming to have specialisation on the subject; often, such agencies do not possess criminal statistics. Second , even for those bills drawn up by agencies with potential criminal statistics, the lawmaking process is skewed, that it does not demand aspiration to make ‘good’ laws. Key terms Criminal statistics · Criminalisation · Legislative reform · Legislative rationality
{"title":"Walking in the Dark: Lack in the Use of Criminal Statistics for Public Policy and Legislative Actions","authors":"S. K. Assefa","doi":"10.4314/MLR.V12I2.6","DOIUrl":"https://doi.org/10.4314/MLR.V12I2.6","url":null,"abstract":"As an exercise of sovereign power, the lawmaker adopts public policies to achieve certain ends. However, public policies need justifications. One such public policy is criminalisation of conduct whereby the lawmaker may have to use both doctrinal and empirical justifications. Such empirical justification is criminal statistics. All the three organs – the police, the prosecution office and the court – are required by law to collect and keep criminal statistics. Statistical data may not be available for initial adoption of legislation; yet they are essential inputs during the revision process. Even though criminal statistics do not define the outcome of the decision of the lawmaker, one would expect that they would be used as one major input for the continuous evaluation of such law. This article examines the use of criminal statistics in the adoption/revision of criminal provisions and finds that no criminal statistics is presented in the legislative process. This appears to be for two reasons. First , the various bills were drawn up and presented by agencies claiming to have specialisation on the subject; often, such agencies do not possess criminal statistics. Second , even for those bills drawn up by agencies with potential criminal statistics, the lawmaking process is skewed, that it does not demand aspiration to make ‘good’ laws. Key terms Criminal statistics · Criminalisation · Legislative reform · Legislative rationality","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V12I2.6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43986328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Although rural land rights are recognized in the 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE), the academic discourse and policy dialogues on the issue are still underway. However, these dialogues do not comprehensively cover the provisions in the Constitution concerning rural land rights, the modus operandi in the drafting approaches of the provisions and their legal implications. Hence, by analyzing the different sections and articles of the Constitution, this article seeks to examine the extent to which rural land rights are defined in the Constitution and the legal implications of its constitutional recognition. This article examines the compatibility of the approach adopted by Ethiopian Constitution makers with the Trust and Distrust approaches propounded by Rosalind Dixon for drafting of constitutional provisions on rural land rights. Dixon’s view is reviewed before considering it in relation with compatibility issues. Key terms Rural land rights · Constitutional drafting · Nature of land rights · Ethiopia
{"title":"Trust and Distrust Approaches in the Constitutional Lawmaking of Rural Land Rights in Ethiopia: Nature, Drafting and Implications","authors":"Brightman Gebremichael","doi":"10.4314/MLR.V12I2.5","DOIUrl":"https://doi.org/10.4314/MLR.V12I2.5","url":null,"abstract":"Although rural land rights are recognized in the 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE), the academic discourse and policy dialogues on the issue are still underway. However, these dialogues do not comprehensively cover the provisions in the Constitution concerning rural land rights, the modus operandi in the drafting approaches of the provisions and their legal implications. Hence, by analyzing the different sections and articles of the Constitution, this article seeks to examine the extent to which rural land rights are defined in the Constitution and the legal implications of its constitutional recognition. This article examines the compatibility of the approach adopted by Ethiopian Constitution makers with the Trust and Distrust approaches propounded by Rosalind Dixon for drafting of constitutional provisions on rural land rights. Dixon’s view is reviewed before considering it in relation with compatibility issues. Key terms Rural land rights · Constitutional drafting · Nature of land rights · Ethiopia","PeriodicalId":30178,"journal":{"name":"Mizan Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.4314/MLR.V12I2.5","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48772103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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