Tag: Ethiopian parliament

LEGISLATIVE CONSTITUTIONALITY OF THE FEDERAL PARLIAMENT ON SILENT MATTERS UNDER THE FDRE CONSTITUTION: BASED ON EMPIRICAL APPRAISAL OF LAWS

LEGISLATIVE CONSTITUTIONALITY OF THE FEDERAL PARLIAMENT ON SILENT MATTERS UNDER THE FDRE
CONSTITUTION: BASED ON EMPIRICAL APPRAISAL OF LAWS

Abstract:

Looking in retrospection the modalities adopted under the FDRE Constitution in establishing lawmaking authority appears defective in two fundamental aspects. The feature of constrained parliamentOlY systems, which primarily focuses on strong judicial independence to offset the odds of separation of power i.e. the fusion of executive and legislative organs, does not exist in ( the constitution. The idea of parliamentary supremacy in constrained system is locked between the supremacy of the constitution and the valid enforceable limitations upon lawmaking. It constrains the exercise of power through strong judiciary with its exclusive checks to defend the constitution and eriforce the basic principles which mostly are dubbed as entrenchment, justiciability and supremacy. The other essential defect goes to the manner employed in the division of legislative power between the federal and regional governments. In this respect unlike most of the constitutions of federations that leave reserve clause upon the states while the federal government holding only enumerated powers, the FDRE constitution is short of elastic clause that generally allows lawmaking authority upon the federal government. Often dubbed as implied power doctrine, such elastic clauses is necessary in federations to constitutionalize in order to render the federal laws legitimate in the event it becomes compulsury 10 exercise a particular matter which does not belong in its enumerated jurisdictions. Nevertheless, regardless of the lacuna and without unequivocal constitutional authority the HP R had practically jumped in such areas via several legislations. The empirical examination of certain laws in force indicate a number of matters which need constitutional backs are simply left to the federal government to determine via ordinary laws. Besides, the legislative exercise is not only uneasy to enact in the form of parliamentary laws but also no extraordinary procedure has been followed. The practice evidently was reinforced the HP R authority can rightly goes beyond the text of the l constitution to confer additional competencies upon itself with no threat on its constitutionality or the parliament is the maker and breaker of the institutions for which the constitution entrenches. The specific legislations tabled for empirical appraisal have significantly shaped the exercise of political power both qua constitutions in their scope and in lieu of the constitution in terms of the mailers engulfed on the substance of federal powers. In this particular foci those laws regarding the head of states of the republic, systems of federal intervention into the regions, intergovernmental relations (IGR), competency of the second chamber, federal power over theautonomy of the city of Addis Ababa, and functional independence of the judicial organ etc can remarkably be high lightened as the points of contest. The legislations mentioned with their other kin exclusively stands on Art 55(1) qua constitutional source of authority to mark legislative legitimacy on the part of the parliament. Unfortunately if it is not to help as a safe passage to bond the acts to conform to the constitution, the examined laws tell different context both in scope and content. Neither the specific authority can be attached with the enumerated jurisdiction of the federal government nor the constitution puts an inference on the possibility to provide legal Fameworks in the sense they actual appear now. At times they resemble restrictive lawmaking tendencies rather than the underlying principle for a more protective approach during enforcement. In fact it is not a surprise the varieties of these legislations would have welcomed serious constitutionality tests for if it had been in other jurisdictions who adopt strong independent constitutional adjudicative organ. Otherwise it would have faced ostensible recourses for valid constitutional amendment so long as the laws had brought something new to the actual text of the constitution.

2003/2011 Proclamations « Ethiopian Legal Breif

I reakized that tehere was technical difficulty to download  the new 2003/2011 proclamations I posted previously in Part one and Two. Now, I have made some changes to the previous post and everyone can download all the proclamation freely and easly.

2003/2011 Proclamations « Ethiopian Legal Breif.

Proclamation No. 718 National Payment System Proclamation

Proclamation No. 717 Export Import Bank of China Loan Agreements to Provide Loan for Financing the Gibe III

Proclamation No. 715 Private Organization Employees Pension Proclamation

Proclamation No. 714 Public Servants’ Pension Proclamation

Proclamation No. 713 Charter for the Cultural Renaissance of Africa Ratification

Proc No 712 OPEC Fund for International Development Fund Loan Agreement

Proclamation No. 711 Export Import Bank of India Credit Line Agreement to Provide Additional Loan for Financing Projects for the Development

Proclamation No. 710 Agreement Between the Government of the Federal Democratic Republic of Ethiopia and the Government of the Republic of Gabon

Proclamation No. 709 Tripartite Consultation (International Labour Standards) Convention Ratification Proclamation

Proclamation No. 708 Ethiopian Women’s Development Fund Dissolution

Proclamation No. 707 African Telecommunications Union Constitution

Proclamation No. 706 International Development Association Additional Financing

Proclamation No. 705 African Development Fund Loan Agreement

Proclamation No. 704 2003 Fiscal Year Federal Government Supplementary Budget

Proclamation No. 703 Amendments of the Articles of Agreement of the International Monetary Fund Ratification Proclamation

Proclamation No. 702 OPEC Fund for International Development Loan Agreement

Proclamation No. 701 Arab Bank for Economic Development in Africa Loan Agreement

Proclamation No. 700 Saudi Fund for Development Loan Agreement

Proclamation No. 699 Protection of Witnesses and Whistleblowers of Criminal offenses

Proclamation No. 698 African Development Fund Additional Loan Agreement

Proclamation No. 697 2010 Export Import Bank of India Credit Line Agreement

Proclamation No. 696 2010 Export Import Bank of China Credit Agreement

Proclamation No. 695 2010 International Development Association Financing Agreement

Proclamation No. 694 2010 International Development Association Financing Agreement

Proclamation No. 693 2010 Income Tax (Amendment) Proclamation

Proclamation No. 692 2010 Sports Commission Establishment Proclamation

HOUSE OF PEOPLES’ REPRESENTATIVES WORKING PROCEDURE AND MEMBERS’ CODE OF CONDUCT (AMENDMENT) PROCLAMATION no. 470/2005

FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA HOUSE OF PEOPLES’ REPRESENTATIVES WORKING PROCEDURE AND MEMBERS’ CODE OF CONDUCT (AMENDMENT) PROCLAMATION

WHEREAS, it is important to enable the Federal Democratic Republic of Ethiopia House of Peoples’

Representatives to effectively discharge its powers and functions as well as the responsibility vested with by the public as enshrined in the Constitution;

WHEREAS, it is appropriate to organize the working mechanisms and structures of the Committees of the House in consideration of the Federal Government Organs structures;

WHEREAS, it is necessary to clearly legislate for the rights and duties of members of the House as well as organization and role of party whips that have seat in the House;

WHEREAS, it is proper to make the working procedure and code of conduct of the House consistent with the Constitution and international parliamentarian tenets as well as to promote democratic traits and encourage transparency;

NOW, THEREFORE, in accordance with Articles 55(1) and 59(2) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE  GENERAL

1.Short Title

This proclamation may be cited as the “Federal Democratic Republic of Ethiopia House of Peoples’ Representatives Working Procedure and Members’ Code of Conduct (Amendment) Proclamation No. 470/2005”

2.Definitions

In this proclamation, unless the context otherwise requires:

1/ “Constitution” means the Constitution of the Federal Democratic Republic of Ethiopia;

2/ “House” means the House of Peoples’ Representatives established in accordance with Article 53 of the Constitution;

3/“Committee” means Standing, Ad hoc… Committee established by the House to undertake a certain activity whenever necessary;

4/ “Standing Committee” means a body set up by the House to enhance the duty of the House within the boundary of the powers and functions given to it under this proclamation;

5/ “Ad hoc Committee” means a body established by the House whenever it feels there is an urgent situation and where deemed necessary to carry out activities that may not be directly undertaken by other Committees;

6/ “Sub Committee” means a Committee set up by any of the Committees of the House from among its members with a view to act upon its work effectively;

7/ “Standing Sub Committee” means a Committee set up by the House to act as a supporting body whenever the Standing Committee is under a heavy workload.

8/ “Coordinating Committee” means a committee, which comprises the Speaker and Deputy Speaker of the House, the chairpersons and deputy chairpersons of the Standing Committees and head of the Secretariat of the House.

9/ “Resource Person” means a person or body invited to expound their views on draft laws of the House or committees of the House as the case may be;

10/ “First Reading” means the reading and discussion process held on the basic content of the draft law to be endorsed by the House or to be referred to the pertinent Standing committee for further scrutiny.

11/ “Second Reading” means the discussion on the report and recommendations of the Standing Committee, to which the draft law was referred by the House for further scrutiny subsequent to the first reading.

12/“Third Reading” means the discussion of the House on the returned draft law which was referred to the Standing Committee for further re-examination subsequent to the second reading.

13/“Technical Correction” means rectification of errors of language or otherwise which in no way modifies the substance of the given law.

14/ “Government Bodies” means institution that are directly oversighted by the House or Committees and budgeted by Government.

15/ “Government Whips” means members of the House represented by the political party or coalition of political parties that got majority seat in the House to coordinate activities of their respective party(s).

16/ “Main Opposition Party Whips” means members of the House represented by a political party that has got the next number of seat to the party or coalition of parties that formed government to coordinate the activity of the party in the House.

17/ “Whips of the Second Opposition Party” means members of the House that are represented by the party that has got majority seat in the House next to the main opposition party to coordinate activities of the party in the House.

18/ “Government Draft Law” means a draft law prepared and presented by the Council of Ministers.

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