INDEPENDENCE OF THE JUDICIARY IN PARLIAMENTARY DEMOCRACY: THE ETHIOPIAN EXPERIENCE

Abstract

Most of the time when one discusses about justice, the role of the judiciary is the first dynamics that comes to the scene. For an effective justice system to exist judges should be guided by rule of law, protected and enforce it without fear or favors and resist any encroachments by government or political parties on their independence as judges. Judicial independence is the parameter of the rule of law. To examine whether a certain society is under the rule of law or not one needs primarily to be enlightened about the position of the judiciary vis-à-vis other organs of the government. In a society where men not law decide the fate of individuals the judiciary could ever be independent and out of such a system the delivery of justice is unthinkable. The purpose of this paper is to familiarize the reader with the basic principles of judicial independence and to highlight the independence of the judiciary in Ethiopia. The paper is organized into three chapters. The first chapter addresses the concept, importance and basic principles of independence of the judiciary. The second chapter deals with judicial independence in Ethiopia starting from Haile Selassie regime till today. The study will end after giving conclusion and recommendation in chapter three.