Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia
This thesis examines the challenges that the Federal and Amhara National Regional State (ANRS)1 Courts of Ethiopia face in the realisation of legal and social justice. The Ethiopia Constitution (1995) under Article 43 declares that Ethiopian people have the right to improved living standards and sus...
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ftuwarwick:oai:wrap.warwick.ac.uk:95182 2023-05-15T13:33:01+02:00 Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia law and practice Shiferaw, Woubishet 2017-07 application/pdf http://wrap.warwick.ac.uk/95182/ http://wrap.warwick.ac.uk/95182/1/WRAP_Theses_Shiferaw_2017.pdf http://webcat.warwick.ac.uk/record=b3109840~S1 unknown http://wrap.warwick.ac.uk/95182/1/WRAP_Theses_Shiferaw_2017.pdf Shiferaw, Woubishet (2017) Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia law and practice. PhD thesis, University of Warwick. KN Asia and Eurasia Africa Pacific Area and Antarctica Thesis or Dissertation NonPeerReviewed 2017 ftuwarwick 2022-03-16T21:19:32Z This thesis examines the challenges that the Federal and Amhara National Regional State (ANRS)1 Courts of Ethiopia face in the realisation of legal and social justice. The Ethiopia Constitution (1995) under Article 43 declares that Ethiopian people have the right to improved living standards and sustainable development where the basic aim of development activity is to enhance, through their full participation, citizens’ capacity for development and the meeting of their basic needs. The Constitution underlined this as the ‘North Star’ of social justice which would be meaningless unless dispute resolution mechanisms empower litigants and the people in gaining social justice and thus the attainment of the Constitutional objective. The attainment of the social justice is however problematic as the legal justice the formal court is administering does not meet the people’s Constitutional expectations. The mismatch between legal and social justice, coupled with the legal history and the prevalence of justice pluralism, tends to force the People of Ethiopia to use non-formal systems of dispute resolution. Thus, there is a need to refine the formal and non-formal systems and to align them with the Constitutional imperative of social justice. Judicial reform is being implemented, with the help of international institutions like the World Bank, but the underlining concern is whether the World Bank proposals on judicial and legal reform will meet these needs or whether they are too located in Western values, the suggestion being that they may suffer from the same problems as other modernisation projects. There also lies a tension between the Constitutional expectation, the conceptualisation of justice by professionals and clients, and the overall purpose of securing justice and preventing injustice. Litigants’ preference for justice is itself in conflict with other litigants and the diverse institutional understanding of justice that made the attainment of social justice a difficult exercise. The area is found to be so problematic that there is a need to re-connect the practical conceptualisation of justice with the Constitutional conceptualisation of social justice which the Federal and ANRS courts require the redoing of justice so that the conceptualisation of justice would not cause irreversible damage to people’s societal, economic, and ecological demands and to the sustainability of justice and development. Thesis Antarc* Antarctica The University of Warwick: WRAP - Warwick Research Archive Portal North Star ENVELOPE(-117.636,-117.636,56.850,56.850) Pacific |
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The University of Warwick: WRAP - Warwick Research Archive Portal |
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KN Asia and Eurasia Africa Pacific Area and Antarctica |
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KN Asia and Eurasia Africa Pacific Area and Antarctica Shiferaw, Woubishet Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
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KN Asia and Eurasia Africa Pacific Area and Antarctica |
description |
This thesis examines the challenges that the Federal and Amhara National Regional State (ANRS)1 Courts of Ethiopia face in the realisation of legal and social justice. The Ethiopia Constitution (1995) under Article 43 declares that Ethiopian people have the right to improved living standards and sustainable development where the basic aim of development activity is to enhance, through their full participation, citizens’ capacity for development and the meeting of their basic needs. The Constitution underlined this as the ‘North Star’ of social justice which would be meaningless unless dispute resolution mechanisms empower litigants and the people in gaining social justice and thus the attainment of the Constitutional objective. The attainment of the social justice is however problematic as the legal justice the formal court is administering does not meet the people’s Constitutional expectations. The mismatch between legal and social justice, coupled with the legal history and the prevalence of justice pluralism, tends to force the People of Ethiopia to use non-formal systems of dispute resolution. Thus, there is a need to refine the formal and non-formal systems and to align them with the Constitutional imperative of social justice. Judicial reform is being implemented, with the help of international institutions like the World Bank, but the underlining concern is whether the World Bank proposals on judicial and legal reform will meet these needs or whether they are too located in Western values, the suggestion being that they may suffer from the same problems as other modernisation projects. There also lies a tension between the Constitutional expectation, the conceptualisation of justice by professionals and clients, and the overall purpose of securing justice and preventing injustice. Litigants’ preference for justice is itself in conflict with other litigants and the diverse institutional understanding of justice that made the attainment of social justice a difficult exercise. The area is found to be so problematic that there is a need to re-connect the practical conceptualisation of justice with the Constitutional conceptualisation of social justice which the Federal and ANRS courts require the redoing of justice so that the conceptualisation of justice would not cause irreversible damage to people’s societal, economic, and ecological demands and to the sustainability of justice and development. |
format |
Thesis |
author |
Shiferaw, Woubishet |
author_facet |
Shiferaw, Woubishet |
author_sort |
Shiferaw, Woubishet |
title |
Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
title_short |
Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
title_full |
Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
title_fullStr |
Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
title_full_unstemmed |
Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia |
title_sort |
effective decision making and its impact on social justice:the federal and amhara national regional courts of ethiopia |
publishDate |
2017 |
url |
http://wrap.warwick.ac.uk/95182/ http://wrap.warwick.ac.uk/95182/1/WRAP_Theses_Shiferaw_2017.pdf http://webcat.warwick.ac.uk/record=b3109840~S1 |
long_lat |
ENVELOPE(-117.636,-117.636,56.850,56.850) |
geographic |
North Star Pacific |
geographic_facet |
North Star Pacific |
genre |
Antarc* Antarctica |
genre_facet |
Antarc* Antarctica |
op_relation |
http://wrap.warwick.ac.uk/95182/1/WRAP_Theses_Shiferaw_2017.pdf Shiferaw, Woubishet (2017) Effective decision making and its impact on social justice:the Federal and Amhara National Regional Courts of Ethiopia law and practice. PhD thesis, University of Warwick. |
_version_ |
1766037895607484416 |