The Question of Independent and Impartial Constitutional Adjudicator in Ethiopia: A Comparative Study with Germany and South Africa

Abstract

This article sets out to evaluate whether the Ethiopian constitutional adjudicator meets standards of independence and impartiality to handle the constitutional adjudicatory roles. It assesses the institutional organization of the constitutional adjudicator, and how and by whom its members are elected or appointed. It considers the various elements and aspects of independence and impartiality and the factors that affect each one of them. To make a meticulous assessment of the Ethiopian constitutional adjudicator in light of those internationally accepted standards, the Article undertakes a comparative analysis with the constitutional adjudicators of two other jurisdictions, Germany and South Africa. It identifies the weak sides of the Ethiopian constitutional adjudicator. Finally, the Article draws conclusions.