Constitutional Rights Without Effective and Enforceable Constitutional Remedies: The Case of Ethiopia

Tadesse, Mizanie A. | July 10, 2021

The Constitution of the Federal Democratic Republic of Ethiopia guarantees a broad range of human rights in its Bill of Rights chapter. However, constitutional remedies for infringement of constitutional rights are rarely applied notwithstanding that the Constitution has been in enforcement for close to twenty-five years. The author of this article contends that lack of a clear and comprehensive Bill of Rights litigation procedure and lack of redress for violations of constitutional rights are contributing factors to the unacceptably low enforcement of the Bill of Rights via constitutional litigation. To augment his position and show the legal gaps and challenges as well as put forward recommendations for constitutional and legal reform, the author has analyzed the Constitution and relevant laws. The author has also consulted the laws of other countries and relevant literature with a view to identifying normative standards and practices from which Ethiopia can learn.