Administrative tribunals are neither court nor administrative bodies; rather they combine the advantages of both courts and administrative bodies in a way that best fits the specific needs of review of administrative action. Such courts were created as a separate hierarchy of courts to stop the ordinary courts from interfering with the executive. In Ethiopia, there are both embedded and extra-departmental administrative tribunals. On the other hand, City/ Municipal Courts are courts of limited jurisdiction. While governed by the Constitution and state law, City Courts are courts that are independent arms of the city government. City courts of the Amhara National Regional State not only follow legally prescribed procedures, as article 78 of the Constitution obliged but also can apply the revised regional courts' establishment proclamation. Thus the writer of this paper argues that city courts of the region are not administrative courts but courts of a city administration that function according to the constitution despite their structural and organizational limitations. The material jurisdictions of city courts are also the jurisdiction of ordinary courts in cities that did not have city courts. This is another reason that city courts are not administrative courts because administrative courts cannot assume the jurisdictional power of courts but only administrative organs. Furthermore, it can be said that from the reading of their establishing proclamation, city courts of the region are a substitution for ordinary courts on cases arising from city matters. The appointment process, administration grounds for removal, and the process for removal of city court judges are also similar to ordinary courts. Thus the writer concludes that city courts of the region are not administrative courts rather they are a substitution for ordinary courts and an expression of self-administration for metropolitan cities on issues arising in city matters.
Inhaltsverzeichnis (Table of Contents)
- Abstract
- Introduction
- 1. General overview of administrative courts
- 1.1 Meaning and nature of administrative courts
- 1.2 The design of administrative courts
- 1.3 Administrative tribunals and ordinary courts: some comparisons
- 1.4 Administrative courts in Ethiopia
- 2. General overview of city courts
- 2.1 Meaning and nature of city/municipal courts
- 2.2 Experience from U.S.A city courts
- 3. The status of Amhara National Regional State City Court
- 3.1 The Constitutionality discourse of City Court
- 3.2 Structure of Amhara National Regional State City Courts
- 3.3 Administration of Amhara National Regional State City courts
- 3.4 Jurisdictions of Amhara National Regional State City courts
- 3.5 City court judges appointment
- 4. Conclusion and the way forward
- 4.1 Conclusion
- 4.2 The way forward
- Reference
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The objective of this paper is to analyze the status of City Courts in the Amhara National Regional State of Ethiopia, specifically examining whether they function as administrative courts or serve a different role within the judicial system. The paper investigates the legal framework governing these courts, comparing them to administrative tribunals and ordinary courts. It also considers their structure, administration, jurisdiction, and judge appointment processes.
- The nature and function of administrative courts.
- A comparison between administrative tribunals and ordinary courts.
- The legal basis and structure of City Courts in the Amhara National Regional State.
- The jurisdictional powers and limitations of Amhara National Regional State City Courts.
- The appointment and administration of City Court judges.
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introductory section sets the stage for the paper by highlighting the recent emergence of City Courts in Ethiopia, particularly within the Amhara National Regional State. It emphasizes the ongoing debate surrounding the constitutional status of these courts, with some viewing them as extensions of the executive branch or even unconstitutional entities. The introduction establishes the paper's aim to investigate these competing perspectives and clarifies its scope, focusing solely on the Amhara National Regional State's City Courts.
1. General overview of administrative courts: This chapter provides a comprehensive definition and analysis of administrative courts, differentiating them from both ordinary courts and purely administrative bodies. It examines the key characteristics of administrative tribunals, drawing on various scholarly sources to define their unique features, including their creation by lawmakers, specialized jurisdiction, and independence from the executive. The chapter also explores the different models of administrative court design, contrasting the French model with its emphasis on a separate hierarchical system and the judicial review model prevalent in common law jurisdictions. The role of administrative courts in upholding checks and balances within the government system is discussed, emphasizing their importance in protecting citizens' rights against potential state overreach.
2. General overview of city courts: This chapter offers a general overview of city courts, though the provided text offers limited detail on this section. More information would be needed to provide a comprehensive summary. The mention of "Experience from U.S.A city courts" suggests a comparative element examining how city courts operate in a different legal system. The summary of this chapter would critically analyze the defining features of city courts, and their place within the broader judicial landscape, as well as highlighting any key differences or similarities between U.S. and Ethiopian city court systems.
3. The status of Amhara National Regional State City Court: This chapter delves into the core issue of the paper—the status of City Courts in the Amhara National Regional State. It examines the constitutionality of these courts, analyzing their structure, administration, and jurisdiction in relation to both the Ethiopian Constitution and regional laws. The chapter likely explores the process of appointing City Court judges, comparing it to the appointment process for ordinary court judges. This comparison is critical in determining whether City Courts operate independently or are subject to undue executive influence. The arguments presented would analyze whether City Courts are substitutions for ordinary courts in handling city-specific matters, and whether their powers infringe on the jurisdictional authority of ordinary courts.
Schlüsselwörter (Keywords)
Administrative tribunals, City Courts, Amhara National Regional State, Ethiopian Constitution, Judicial Review, Administrative Law, Jurisdiction, Constitutional Law, Separation of Powers, Ordinary Courts.
Frequently Asked Questions: Status of City Courts in the Amhara National Regional State
What is the main focus of this paper?
This paper analyzes the status of City Courts in Ethiopia's Amhara National Regional State, determining whether they function as administrative courts or hold a different role within the judicial system. It investigates their legal framework, structure, administration, jurisdiction, and judge appointment processes, comparing them to administrative tribunals and ordinary courts.
What are the key themes explored in the paper?
Key themes include the nature and function of administrative courts, a comparison between administrative tribunals and ordinary courts, the legal basis and structure of City Courts in the Amhara National Regional State, their jurisdictional powers and limitations, and the appointment and administration of City Court judges.
What is the objective of the paper?
The objective is to analyze the status of City Courts in the Amhara National Regional State, examining whether they are administrative courts or serve a different function. It aims to investigate their legal framework, comparing them to other court types, and analyzing their structure, administration, jurisdiction, and judge appointment.
What is covered in the chapter on administrative courts?
This chapter comprehensively defines and analyzes administrative courts, distinguishing them from ordinary courts and administrative bodies. It examines characteristics of administrative tribunals, different models of administrative court design (e.g., French vs. common law), and their role in upholding checks and balances and protecting citizens' rights.
What does the chapter on city courts cover?
This chapter provides a general overview of city courts, though the provided text is limited. It suggests a comparison between U.S. and Ethiopian city court systems, analyzing their defining features and place within the broader judicial landscape.
What is the focus of the chapter on the Amhara National Regional State City Court?
This chapter examines the constitutionality of City Courts in the Amhara National Regional State, analyzing their structure, administration, and jurisdiction in relation to Ethiopian and regional laws. It explores the judge appointment process, comparing it to that of ordinary court judges, and considers whether City Courts operate independently or are influenced by the executive branch. It also examines whether they are substitutions for ordinary courts in city-specific matters and if their powers infringe on the jurisdiction of ordinary courts.
What are the key chapters in the document?
The key chapters include an introduction, a general overview of administrative courts, a general overview of city courts, a detailed analysis of the Amhara National Regional State City Court, and a conclusion with suggestions for the way forward. It also includes a table of contents, objectives and key themes, chapter summaries, and keywords.
What is the conclusion of the paper?
The provided text only offers a brief mention that there is a conclusion and a discussion on the way forward. The specifics of the conclusions and recommendations are not detailed in this preview.
What are the keywords associated with this paper?
Keywords include: Administrative tribunals, City Courts, Amhara National Regional State, Ethiopian Constitution, Judicial Review, Administrative Law, Jurisdiction, Constitutional Law, Separation of Powers, Ordinary Courts.
- Quote paper
- Mitike Worku Kassa (Author), 2022, The status of Amhara National Regional State City Courts: Are they Administrative Courts or what?, Munich, GRIN Verlag, https://www.grin.com/document/1240026
