66. In terms of access to justice generally, “everyone has a right to bring a justiciable
matter to, and obtain a decision or judgment by, a court of law or any other competent
body with judicial power.”43That right also accrues to any association representing the
collective or individual interests of its members; or any group or person who is a
member of, or represents a group with similar interests.44 Further, matters of
constitutional interpretation or constitutional disputes may arise within proceedings
before courts of law in which case they may be submitted to the CCI by the Court or a
party, or indeed outside of such proceedings.45
67. Regarding the procedure before CCI, the requirement is that the request should be
in elaborate writing.46 The CCI is also permitted to call upon pertinent institutions and
legal professionals to appear before it and give their opinions.47 The Council members
then deliberate on all the submissions made to it regarding a given question.48 In terms
of the outcome, the CCI is required to detail in its ruling the questions submitted to it,
its justification as to why the matter required interpretation of the Constitution or not,
and the actual ruling it has made on the questions.49 Where the matter relates to
fundamental rights, it shall be interpreted in a manner conforming to the principles of
the Universal Declaration of Human Rights (UDHR) and international instruments
adopted by Ethiopia.50 The House of Federation is also required to identify and
implement principles of constitutional interpretation that can aid the examination and
determination of constitutional issues submitted to it.51 Regarding the force of the
outcome of a constitutional review, “any government body or official is bound to
execute the orders given by the CCI on matters within its jurisdiction” 52, whereas
Id, Art. 37(1), emphasis supplied
Id, Art. 37(2)
45 Id, Art. 84(2) &(3), and Proclamation 250/2001, Arts. 21, 22, & 23
46 Proclamation 250/2001, Art. 24
47 Id, Art. 27
48 Id, Art. 28
49 Proclamation 250/2001, Art. 31
50 FDRE Constitution, Art. 13(1), Proclamation 250/2001, Art. 20(2),. This also applies to the final
decisions of the House of Federation: Proclamation No. 251/2001, Art. 7(2)
Consolidation of the House of the Federation and the Definition of its Powers and Responsibilities
Proclamation (Proclamation 251/2001), Art. 7(2)
43
44
51
52
Proclamation 251/2001, Art. 7(1)
Proclamation 250/2001, Art. 35
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