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Title States of Exception under the Fdre Constitution
Full text http://etd.aau.edu.et/handle/123456789/12698
Date 2018
Author(s) Abraha, Shishay
Contributor(s) Timothewos, Gedion (PhD)
Abstract The FDRE Constitution has empowered the federal and regional governments to exercise their respective powers and functions autonomously. States establish and administer their own police force and maintain public order and peace within their territory. Moreover, the Constitution has included a comprehensive list of human rights. Individuals and groups enjoy such rights within the bound of some limitations. This is true in the period of normalcy. Some odd situations, however, dictate the government to deviate from the rules applicable in ordinary time. Therefore, it is wise to govern such conditions in advance. The Constitution has provided federal intervention and state of emergency as states of exception to cope with inevitable exigencies. However, such exceptions in turn have come up with problems on the autonomy of states and enjoyment of human rights. First, situations that require federal intervention are not sharply delineated from the ordinary situations and are simply left to be determined by the federal government, in many cases. Besides, the measures taken consequently are intrusive on the autonomy of states. Second, the Constitution and subsequent laws left gray areas that can be used as grounds for federal intervention or state of emergency. This opens a way for the federal government to choose either of the states of exceptions to suspend human rights or regional governments alternatively. Third, practically, problems are escalating because the federal government is using its security forces to hush down challenges against its legitimacy, rather than solving them peacefully. Furthermore, human rights are suspended beyond the extent necessary to avert the exigency. To avoid such problems, the researcher suggests that states of exception should be strictly applied after all peaceful means resorted are found ineffective and should only target on averting extraordinary conditions. Care should be taken not to unnecessarily subdue states' autonomy and human rights using states of exception as a principle
Subject(s) Exception under the Fdre
Language en
Publisher Addis Ababa University
Type of publication Thesis
Format application/pdf
Repository Addis Ababa - University of Addis Ababa
Added to C-A: 2021-02-01;10:58:21