Fetha Negest and the Existing Federal Laws of Ethiopia: A Comparative Analysis on the Appointment of Federal Judges

The purpose of this paper is to demonstrate the contribution of Fetha Negest to the development of Ethiopia’s legal system and to evaluate the present judges’ appointment law of Ethiopia in line with indigenous sources. It focuses particularly on Fetha Negest, which had a significant impact on Ethio...

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Bibliographic Details
Main Author: Damtew, Adane Mandie (Author)
Format: Electronic Article
Language:English
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Published: Brill 2023
In: Journal of religion in Africa
Year: 2023, Volume: 53, Issue: 3/4, Pages: 341-352
Further subjects:B Proclamation
B federal laws
B Judges
B appointment
B Fetha Negest
B Ethiopia
Online Access: Presumably Free Access
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Summary:The purpose of this paper is to demonstrate the contribution of Fetha Negest to the development of Ethiopia’s legal system and to evaluate the present judges’ appointment law of Ethiopia in line with indigenous sources. It focuses particularly on Fetha Negest, which had a significant impact on Ethiopia’s judicial system until the early 1940s. To this effect, the research for this paper discovered chapter 43 of the Fetha Negest and the federal judicial administration proclamation No. 1233/2021 through critical review. The paper thus finds that the current laws do not confirm Fetha Negest as their source and instead opt to transplant legal ideas from other countries. Due to this, the laws have been repeatedly amended and lack acceptance. Moreover, these transplanted laws face the issue of compatibility with the local culture. Legislators and concerned bodies should thus turn to indigenous sources before adopting external ideas.
ISSN:1570-0666
Contains:Enthalten in: Journal of religion in Africa
Persistent identifiers:DOI: 10.1163/15700666-12340260