10 Questions
What is the provision that guarantees the independence of the judiciary in Ethiopia?
Article 78(1) of FDRE Constitution
What is the purpose of the rules against ex parte communication?
To protect the fundamental rights to be heard
What is the consequence of ex parte communication?
It undermines public confidence
What is the purpose of the Code of Judicial Conduct?
To shape the conduct of judges
Can the House of People's Representative or Council of Ministers reduce the salary of federal judges?
No, because of judicial independence
What is a pre-requisite for democratic and impartial administration of justice?
Independent judiciary
What is referred to as the state of mind of judges?
Personal or decisional independence
What guarantees decisional independence?
Security of tenure and financial security
Why might a judge without security of tenure make decisions that favor the executive or legislature?
To retain their position
What is a consequence for judges whose salary is reduced or increased at the discretion of the executive or legislature?
They lose decisional independence
Study Notes
Independence of Judges
- Independent judiciary is a pre-requisite for democratic and impartial administration of justice.
- The Ethiopian Federal Judges Code of Judicial Conduct (2001) emphasizes the importance of maintaining judicial independence.
- International instruments like the Bangalore Principles of Judicial Conduct, International Covenant on Civil and Political Rights, and Universal Declaration of Human Rights also support judicial independence.
Individual and Institutional Aspects of Judicial Independence
- Judicial independence has individual and institutional aspects, as per Value 1 of the Bangalore Principles of Judicial Conduct.
- Individual aspect of judicial independence is called personal or decisional independence, referring to the state of mind of judges.
- Decisional independence is concerned with the judge's independence in fact, ensuring that judges are not influenced by external factors.
Security of Tenure and Financial Security
- Security of tenure and financial security guarantee decisional independence.
- Security of tenure exists when the other branches of government (executive or legislature) cannot remove the judge from office in a discretionary or arbitrary manner until retirement or for life.
- Financial security implies the right of judges to non-reducible compensation while they are in office.
Constitutional Provisions
- Article 78(1) of the FDRE Constitution establishes an independent judiciary at both federal and state levels.
- Article 79(2) declares that judges are free from interference of any kind.
- Article 79(4) ensures that judges cannot be removed from their office arbitrarily or at the discretion of the executive or legislature.
Ethical Norms and Judicial Independence
- Judicial ethical norms play an important role in shaping the conduct of judges and giving concrete meaning to the idea of decisional judicial independence.
- Judges should be free from undue or inappropriate pressures when performing their duty.
Rules of Code of Judicial Conduct
- The rules of code of judicial conduct bearing on decisional independence of judges include rules related to ex parte communication, gifts, and certain problematic relationships.
- Art 23 of the federal Code of Judicial Conduct prohibits ex parte communication, ensuring that judges do not discuss the merits of a case pending before a court.
- The rules against ex parte communication protect the fundamental rights to be heard and ensure that the judge's decision is based on nothing other than law and evidence.
Test your knowledge on the ethical duties of judges in Ethiopia, focusing on judicial independence and impartial administration of justice according to the Ethiopian Federal Judges Code of Judicial Conduct.
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