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The Quest for Election and State of Emergency in Ethiopia: An Appraisal on Related Constitutional Issues in Focus

DOI: 10.4236/blr.2020.114056, PP. 947-962

Keywords: COVID-19, Election, HoPR, Constitutional Issues, Emergency Declaration

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Abstract:

Ethiopia has been sharing the evils and vices of COVID_19, which is the deadly viral pandemic and spreading across the world without any territorial restriction. Almost every nation-state has got started responding to prevent it so as it has become highly preventive to discover its curative medicine, even vaccine till now. Accordingly, Ethiopia has enacted an emergency decree in order to ignite the possible preventive measures, amid, prohibition of mass gathering, stay-at-home, physical distancing, discontinuing any face to face teaching-learning process,?etc. Due to this fact, the upcoming national election has been postponed under such elements?of surprise that the election process can pay the way for further communicability of this pandemic and resultthe worst scenarios instead of its worthiness. This makes the sixth election period that has to be conducted every five years to get additional time of extension, which has initiated Constitution issues of how to do so i.e. the question of reason and time together. Besides, the office term of the House of People Representatives (HoPR) is also put under question by superseding it what would be the fate of the country after expiry of the parliament office since there is no room in the Constitution to extend its office term.Thus, this article is meant to analyze the appropriateness of the options put forward by the government,?i.e. the dissolution of HoPR, constitutional interpretation, amendment and emergency declaration over election with other collateral issues under consideration. In doing so, strict digest of universal norms, constitutional principles and jurisprudential point of view of the state of emergency have been consulted. Aftermath, it aims to reveal the common ground for mutual consensus amicably. Finally, it has come up with emergency decree that should be the governing law with the point of no reservation once it is declared under an element of legitimate situation.

References

[1]  Ackerman, B. (2006). Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism (p. 446).
[2]  African Charter on Democracy, Elections and Governance (2007).
http://archive.ipu.org/idd-E/afr_charter.pdf
[3]  African Union Declaration on the Principles Governing Democratic Elections in Africa, AHG/Decl.1 (XXXVIII) (2002).
https://www.ohchr.org/EN/Issues/RuleOfLaw/CompilationDemocracy/Pages/AHG.aspx
[4]  Aoláin, F. N. (2006). Law in Times of Crisis: Emergency Powers in Theory and Practice (pp. 72-110).
[5]  Basic Law for the Federal Republic of Germany in the Revised Version Published in the Federal Law Gazette Part III, Classification Number 100-1, as Last Amended by Article 1 of the Act of 28 March 2019 (Federal Law Gazette I, p. 404).
[6]  Dyzenhaus, D. (2006). The Constitution of Law: Legality in a Time of Emergency. Cambridge: Cambridge University Press.
https://doi.org/10.1017/CBO9780511618246
[7]  Ekeland, T. (2005). Suspending Habeas Corpus: Article I, Section 9, Clause 2, or the United States Constitution and the War on Terror. Fordham Law Review, 74, 1475.
https://ir.lawnet.fordham.edu/flr/vol74/iss3/11
[8]  Election Obligations and Data Base (EOE).
https://eos.cartercenter.org/quotes?part%5B%5D=6
[9]  Ethiopian State of Emergency Proclamation Enacted to Counter and Control the Spread of COVID-19 and Mitigate Its Impact, Proclamation No. 3/2020.
[10]  FDRE Proclamation No. 251/2001 Constitution of the House of the Federation and the Definition of Its Powers and Responsibilities Proclamation.
[11]  Following the Proclamation No. 3/2020, Regulation Enacted by Council of Ministers Enlisted the Restrictions under Article 3 (1).
https://globalfreedomofexpression.columbia.edu/publications/ethiopian-council-of-ministers-regulation-for-the-implementation-of-the-state-of-emergency
[12]  ICCPR (1966). Adopted by the UN General Assembly in Resolution 2200 A (XXI) of 16 December 1966 at New York, Entered into Force on 23 March 1976, Article 25.
[13]  Locke, J. (1980). Second Treatise of Government.
[14]  Martinez, J. S. (2005). Inherent Executive Power: A Comparative Perspective. Yale Law Journal, 115, 2480-2496.
https://doi.org/10.2307/20455703
[15]  Posner, E. A., & Vermeule, A. (2007). Terror in the Balance: Security, Liberty and the Courts.
[16]  Schmitt, C. (1976). The Concept of the Political.
[17]  Schmitt, C. (1985). Der Hüter der Verfassung.
[18]  Schmitt, C. (2005). Political Theology: Four Chapters on the Concept of Sovereignty. Chicago, IL: University of Chicago Press.
https://doi.org/10.7208/chicago/9780226738901.001.0001
[19]  The Constitution of the Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, Federal Negarit Gazeta-No.1, 21st August 1995.
[20]  Vermeule, A. (2008). Our Schmittian Administrative Law. Harvard Law Review, 122, 1095.
[21]  Worldometer.
https://www.worldometers.info/coronavirus/?fbclid=IwAR1acMVd41WdGA4D0FQEmhXtwq6_NJSZCVVjXAuG1n5eryz2We_3KaLtyfA#countries

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