Separation of Powers and its Implications for the Judiciary in Ethiopia

Abstract

This paper examines the role of the judiciary in Ethiopia. Implicit in the notion of separation of powers is the fact that the judiciary has a crucial role in resolving disputes impartially, ensuring the rule of law and in setting limits to power. Yet in Ethiopia the legislature has sought to take away power from the courts, placing them in quasi-judicial bodies within the executive. The judiciary has also failed to check that the executive is acting within the framework of the law. The overall assessment is that the judiciary has not yet defined its role; has not properly interpreted the concept of separation of powers; and has not yet become a key organ for enforcing human rights. The judiciary has abdicated its core function of reviewing acts and decisions of the executive and administrative agencies and is in danger of paving the way for arbitrary and unchecked government.