ABSTRACT
Among several recent studies concerning the judiciary in Ethiopia,2 none have dealt
adequately with the central issue of the role of the judiciary within Ethiopia’s existing
constitutional framework. Recent political developments affecting the judiciary call
for fresh debate on what has traditionally been taken for granted. It is often assumed
that the judiciary has a crucial role in resolving disputes impartially, ensuring the rule
of law, and in setting limits to power. Yet current developments in Ethiopia seem to
indicate otherwise. A thorny relationship is emerging between the judiciary and the
political branches of the state. One indicator of this is the tendency of the legislature
to issue ouster clauses that take away power from courts, placing powers instead in
quasi-judicial bodies within the executive. It must be questioned whether this
development is in line with the notion of separation of powers as outlined in the
federal constitution.
