Criminal Jurisdiction of State Courts under the Constitution of the Federal Democratic Republic of Ethiopia

Amenu, Abdi Gurmessa (2014) Criminal Jurisdiction of State Courts under the Constitution of the Federal Democratic Republic of Ethiopia. Masters thesis, Addis Ababa University.

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Abstract

The thesis looks into the criminal jurisdiction of the Federal Government and the States in the FDRE Constitution with a comparative view of other federations. The criminal jurisdiction discussed in this thesis pertains to the legislative, executive and adjudicative jurisdiction of criminal laws in light of the Constitution and other statutory laws. The criminal legislative power has been centralized by the Federal Government at the adverse effect of the regional autonomy of the States with respect to the criminal legislative power on crimes which characterize regional or ethnic features. This constrains the doctrine of federalism especially the principle of self-rule which is exercised under the notion of the right to self-determination which has been constitutionally guaranteed. Although criminal law is centralized in Ethiopia in its legislative aspect, it is decentralized in its enforcement or execution and adjudication to the Regional States. With respect to criminal execution, the principle follows that the Regional criminal justice actors enforce the federal criminal laws on delegation. Delegation on the other hand entails reimbursement of financial expenditures so required in the discharge of criminal enforcing processes. Such reimbursement is expected to be effected by the Federal Government. Nonetheless, there is no adequate law which governs the delegation and its consequence. Conflict of jurisdiction is the other problem which should be taken into account while talking of the criminal jurisdiction with respect to its execution as between the Federal and State criminal justice actors more particularly, the police and public prosecutors. The problem of inadequacy of legal regimes in criminal enforcement pertains also to criminal adjudication. As far as the criminal jurisdiction of the Federal and State Courts is concerned, there is a sort of confusion in the Constitution in relation to the notion of delegation and concurrency. The subsequent statutory laws could not also solve this problem. There is neither adequate law in the States with regard to the apportionment of criminal cases between the Courts at each hierarchy.

Item Type:	Thesis (Masters)
Subjects:	H Social Sciences > HN Social history and conditions. Social problems. Social reform K Law > K Law (General)
Divisions:	Africana
Depositing User:	Tim Khabala
Date Deposited:	24 May 2018 14:36
Last Modified:	24 May 2018 14:36
URI:	http://thesisbank.jhia.ac.ke/id/eprint/4041

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