powers34 comprised of the Federal Supreme Court which is the apex court,35 followed
by the Federal High Court, and First-Instance Courts.36
64. Remarkably, whereas judicial power principally entails adjudication of disputes
according to law by courts, the powers to interpret the Constitution and decide
constitutional disputes vest exclusively in the House of Federation as opposed to
ordinary courts of law.37 The term “constitutional disputes” includes cases where a
federal or regional state law or decision is contested as unconstitutional.38 Apart from
interpreting the Constitution and deciding constitutional disputes, the House of
Federation also: decides issues relating to self-determination including secession;
promotes equality and unity of the peoples of Ethiopia; resolves disputes between
States that form the federation; determines the division of revenue; safeguards the
constitutional order from being disrupted; and determines civil matters that need
legislative intervention by the House of Peoples Representatives.39 Notably, whereas the
House of Federation as a second and upper chamber of parliament participates in
amendment of the FDRE Constitution, it does not appear to have any legislative
functions.
65. For purposes of its function to interpret the Constitution and decide constitutional
disputes, there is established the Council of Constitutional Inquiry (CCI)40 to undertake
a technical examination of such matters and provide recommendations to the House of
Federation for final decision.41 The CCI is comprised of the President and VicePresident of the Federal Supreme Court who are respectively also President and VicePresident of the Council of Inquiry; six legal experts appointed by the President of the
Republic on recommendation by the House of Peoples' Representatives, who shall have
proven professional competence and high moral standing; and three persons
designated by the House of Federation from its members.42
Id, Art. 79(1)
Id, Art. 80(1)
36 Id, Art. 78(2). There is almost a similar structure at regional State level.
37 Id, Arts. 62(1), 83(1)
38 Id, Art. 84(2); Proclamation No. 250/2001, Arts. 6(2) & 17(2)
39 FDRE Constitution, Art. 62
40 Id, Art. 82(1)
41 Id, Art. 84(1)
42 Id, Art. 82(2)
34
35
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