| Abstract: | As one of the three organs of government, the structure and powers of the
judiciary are enshrined in the 1995 FDRE Constitution. Articles 78 to 81 of the
FDRE Constitution and other laws deal with the independence of the judiciary,
judicial powers, jurisdiction of courts and appointment of judges. The
principles enshrined in these laws include the independence of the judiciary
which has two dimensions, i.e., individual/professional independence of judges
and institutional independence of courts from other organs of the government.
This article focuses on the legal regime and the practices with regard to the
institutional independence of federal courts in Ethiopia that are inconsistent
with the constitutional guarantee of judicial independence which includes
empowerment in the preparation of budget, the process of budget approval,
level of autonomy in using revenue generated through court fees, independent
administration of support staff at courts, procurement processes and property
administration. The article analyzes the relevant laws and discusses comparative
experience on these avenues of concern and calls for due attention to the gaps
that should be addressed. |
