Reviewing the Regional State Constitutional Review System in Ethiopia: The Case of Amhara National Regional State

Abstract

 In Federal Ethiopia, all regional states have established their own regional constitutional review mechanisms. In this regard, the Revised Amhara national regional state Constitution has vested such powers to the Constitutional Interpretation Commission (the final interpreter) and the Regional Council of Constitutional Inquiry (the advisory body). These organs are entrusted to review all constitutionality claims on any laws and decisions of the regional government organs. Each organ is empowered to entertain abstract and concrete cases, political and non-political questions, as well as constitutional complaints. This article aims to examine whether the region's constitutional review system is designed in a manner that ensures regional constitutional supremacy. The article argues that, because the Constitutional Interpretation Commission is composed of non-professional constitutional interpreters, the system is institutionally subject to lack of independence and impartiality, and fusion of powers. Besides, both the Council of Constitutional Inquiry and the Constitutional Interpretation Commission are not practically in a position to regularly perform their constitutional interpretation mandates. This may make the organs less trustworthy to be regarded as guardians of people’s and individual rights set out under the region’s constitution.