W/slase, Gebreabzgi (2011) The Extent of Reason of State in the Ethiopian Constitutional Order: The Quest for Restraining and Legitmizing. Masters thesis, Addis Ababa University.
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Abstract
Providing institutional and procedural guarantees that could control abuse of opportunities for derogating and restricting rights should be secured so that the measures will remain in a constitutional paradigm to the extent it is essential to legitimize a necessary power of reason of state discourse for the survival of the constitutional order, in the essence of international standards, established concepts, and relevant experience of modern constitutions. Taking this hypothesis as it should be, the research is concerned with the analysis of the modes and extent of reason of state in the Ethiopian constitutional order accordingly. To this end both primary and secondary data are consulted in the research process. The writer’s investigation of the extent and modes of reason of state in the Ethiopian constitutional system based on the rational reason of state as it should be that will remain in a constitutional paradigm show two major findings. While the system does not adopt a restrained reason of state to the extent it should have guaranteed institutional and procedural safeguards against abuse on the one hand, there exists constitutional gap with a need to legitimize a reason of state discourse power to address a constitutional crisis on the other hand. The constitutional gaps that quest to restrain reason of state in the Ethiopian constitutional set up are found with a depth analysis of the state of emergency and limitation clauses in the FDRE constitution, the political parties registration proclamation, the anti terrorism proclamation, and the criminal code in relation to political rights with a special emphasis on the right to political association. And the power lacuna with a need to legitimize reason of state discourse, found in the paper, is up on the state of emergency mode alone. The absence of constitutional guardian in case an emergency situation arise in a care taker government regime when the parliament is dissolved and in case the council of ministers is not in a position to determine the state of emergency for crisis of disagreement among the members in the existence of a situation that imperatively needs an immediate response is discovered as a power lacuna. Adopting institutional, procedural and constraining guidance at the constitutional level is recommended in response to the first finding that need to restrain reason of state discourse. And empowering the president to bring the motion to declare state of emergency to the parliament and establishing a permanent deputation of the house to assume the powers of the latter during its dissolution are recommended as a remedy to fill the power lacuna with regard to the second finding.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 11 Jun 2018 10:23 |
| Last Modified: | 11 Jun 2018 10:23 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4295 |
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