Tag: House of People’s representatives

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.

Ethiopia stats agency incident: Two policemen killed, shooter arrested | Africanews

An altercation between Ethiopian federal police officers has led to a shooting incident at the premises of the Central Statistics Agency.

Source: Ethiopia stats agency incident: Two policemen killed, shooter arrested | Africanews 

An altercation between Ethiopian federal police officers has led to a shooting incident at the premises of the Central Statistics Agency.

Aaron Maasho, a Reuters journalist covering Ethiopia and the African Union said the officers were guarding tablets expected to be deployed for census.

A journalist with the Ethiopian Reporter said the federal police had confirmed that two officers were killed in the incident. “The shooter is now under arrest,” Dawit Endeshaw said in a tweet.

Ethiopia’s parliament in June this year postponed a national census for a second time, citing security concerns.

Analysts, however, stressed that the move potentially undermined logistics for 2020 polls – the first election under Prime Minister Abiy Ahmed.

Ethiopia is due to hold a national vote some time next year, and the census – already postponed once from 2017 – is a crucial step towards demarcating constituencies.

But parliamentarians in both houses voted overwhelmingly to delay the census again by a year, due to an upsurge in ethnic conflicts.

Local level elections for the capital Addis Ababa and another chartered city Dire Dawa were postponed last week.

A DRAFT PROCLAMATION TO PROVIDE FOR THE AMENDMENT OF ENERGY PROCLAMATION

DRAFT ENERGY PROCLAMATION AMENDMENT

Proclamation No. ——-/2017

A DRAFT PROCLAMATION TO PROVIDE FOR THE AMENDMENT OF  ENEREGY PROCLAMATION 

WHEREAS, it has become necessary to amend the Energy Proclamation No. 810/2013;

NOW THEREFOERE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

 

1.      Short Title

This Proclamation may be cited as the “Energy (Amendment) Proclamation   No. ——2017”.

2.                  Amendment

The Energy Proclamation No.810/2013 is hereby amended as follows:

1/ Sub-article (9) of Article 2 of the Proclamation is deleted and replaced by the following new sub Article (9):

“9/ ‘electrical work’ means work of electrical design, installation, maintenance, testing, inspection, contracting or consultancy, electromechanical activity or any other electric related work;”

2/ The following new sub-articles (5)‚ (6) and (7) are added after sub-article (4) of Article 8 of the Proclamation:

“5/ Any licensee who has been issued license pursuant to sub-article (3) or (4) of Article 10 of this Proclamation if submits application to the Authority due to force majeure  for his failure to commence the operation, the Authority, upon confirmation of causes, may renew the license only for two terms each for one year. 

6/         Notwithstanding the provision of sub-article (5) of this Article, the license of any licensee shall, without any condition, be revoked if not commenced operation within two years or failed to comply with sub-article (3) and (4) of Article 10 of this Proclamation. 

7/ When the licensees report to the Authority for the commencement of operation as specified in the license pursuant to sub-articles (3) and (4) of Article 10 of this Proclamation, as appropriate subject to the verification of the Authority, the license period shall start to count from the date of operation of the activity.”

3/ Sub-article (3) of Article 10 is deleted and replaced by the following new subarticle (3), and a new sub-article (4) is added following sub-article (3):

“3/ Any person who obtained license for geothermal or hydropower to engage in the generation, transmission, distribution and sale, import or export of electricity, shall commence the operation within five years from the date

of issuance of the license and accordingly report to the Authority about its commencement.

4/   Any person who obtained license on solar, wind, biomass, coal, natural gas and others license to engage in the generation, transmission, distribution and sale, import or export of electricity shall commence operation within three years of the issuance of a license, and accordingly report to the Authority about its commencement.”

3.   Effective Date 

This Proclamation shall enter into force on the date of its publication in the Federal Negarit Gazeta.

 

 Done at Addis Ababa, this……./2017

 

                                                                                MULATU TESHOME (Dr.)

                                                            PRESIDENT OF THE FEDERAL DEMOCRATIC 

REPUBLIC OF ETHIOPIA

 

PROCLAMATION No. 798-2013 A PROCLAMATION TO RE-ENACT FOR THE STRENGTHENING AND SPECIFYING THE POWERS AND DUTIES OF THE COUNCIL OF CONSTITUTIONAL INQUIRY

PROCLAMATION No. 798/2013
A PROCLAMATION TO RE-ENACT FOR THE STRENGTHENING AND SPECIFYING THE POWERS AND DUTIES OF THE COUNCIL OF CONSTITUTIONAL INQUIRY OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

WHEREAS, it is believed that the full-fledged implementation of the Constitution of the Federal Democratic Republic of Ethiopia, the supreme law of the land, is a guarantee to the continuation of the ongoing democratic system, development and peace;
WHEREAS, the Council of Constitutional Inquiry is established by virtue of Article 82 of the Constitution of the Federal Democratic Republic of Ethiopia to conduct constitutional •inquiries and present its findings to the House of the Federation which is empowered to interpret the Constitution;
WHEREAS, the Council is empowered to investigate constitutional disputes as per Article 84 of the Constitution which necessitates to have better practice and structure to respond to issues related to the interpretation of the Constitution efficiently;
WHEREAS, the Council needs to have its own supporting office so that it can discharge its duties efficiently while maintaining its constitutional independence;
NOW, THEREFORE, in accordance With Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows

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