Great contribution by @BantayehuD to the ongoing debate on postponement of the Ethiopian elections and on the constitutional ways out of the impending constitutional crisis. Thanks for this contribution indeed!
I agree dissolving a parliament whose term is about to expire may not https://twitter.com/addisstandard/status/1248540261363441665
be what the framers of the Constitution had in mind. This option is problematic in many ways. But I still think if we stick to the literal reading of the provision (Art 60 (1)), it might allow us to bend the Constitution, without breaking it, and avoid a constitutional crisis.
Still this is not the ideal option. In fact there is no an ideal option. A few points on the SoE – I agree with @BantayehuD SoE cannot be declared simply for the purpose of postponing elections. I didn’t suggest that either.
The postponement is simply the consequence of the declaration of SoE because of COVID-19. @BantayehuD argues SoE won’t be ‘suitable option’ because, first, ‘the emergency decree may expire before the end of the emergency period.
A state of emergency may not legitimize the extension of term limits of MPs’. This begs the question that how does the Constitution envisage the country to be governed when elections are not held due to SoE if the terms of the parliament which declared the SoE is not in effect
extended? Does that mean the Constitution allows power vacuum to exist without even giving us a care taker government? I doubt that.
@BantayehuD argues ‘[n]o state of emergency will be declared solely because elections are postponed beyond their constitutional schedule. It is simply not among the reasons that justify a state of emergency under Article 93’. I agree.
But how are we supposed to deal with the aftereffect of a SoE i.e. elections not being held on time because of a SoE? Constitutional amendment is problematic for so many reasons which I don’t want to get to here.
I could not agree more with @BantayehuD’s suggestion that there is a need for clarity on the way out through constitutional interpretation by House of Federation.
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