Article 78 Independence of the Judiciary(1) An independent judiciary is established by this Constitution.
(2) Supreme Federal judicial authority is vested in the Federal Supreme Court. The House of Peoples' Representatives may, by two-thirds majority vote, establish nationwide, or in some parts of the country only, the Federal High Court and First-Instance Courts it deems necessary. Unless decided in this manner, the jurisdictions of the Federal High Court and of the First-Instance Courts are hereby delegated to the State courts.
(3) States shall establish State Supreme, High and First-Instance Courts. Particulars shall be determined by law.
(4) Special or ad hoc courts which take judicial powers away form the regular courts or institutions legally empowered to exercise judicial functions and which do not follow legally prescribed procedures shall not be established.
(5) Pursuant to sub-article 5 of Article 34 the House of Peoples' Representatives and State Councils can establish or give official recognition to religious and customary courts. Religious and customary courts that had state recognition and functioned prior to the adoption of the Constitution shall be organized on the basis of recognition accorded to them by this Constitution.
Article 79 Judicial Powers(1) Judicial Powers, both at Federal and State levels, are vested in the courts.
(2) Courts of any level shall be free from any interference of influence of any governmental body, government official or from any other source.
(3) Judges shall exercise their functions in full independence and shall be directed solely by the law.
(4) No judge shall be removed from his duties before he reaches the retirement age determined by law except under the following conditions:
(a) When the Judicial Administration Council decides to remove him for violation of disciplinary rules or on grounds of gross incompetence or inefficiency; or
(b) When the Judicial Administration Council decides that a judge can no longer carry out his responsibilities on account of illness; and
(c) When the House of Peoples' Representatives or the concerned State Council approves by a majority vote the decisions of the Judicial Administration Council.
(5) The retirement of judges may not be extended beyond the retirement age determined by law.
(6) The Federal Supreme Court shall draw up and submit to the House of Peoples' Representatives for approval the budget of the Federal courts, and upon approval, administer the budget.
(7) Budgets of State courts shall be determined by the respective State Council. The House of Peoples' Representatives shall allocate compensatory budgets for States whose Supreme and High courts concurrently exercise the jurisdiction of the Federal High Court and Federal First-Instance Courts.
Article 80 Concurrent Jurisdiction of Courts(1) The Federal Supreme Court shall have the highest and final judicial power over Federal matters.
(2) State Supreme Courts shall have the highest and final judicial power over State matters. They shall also exercise the Jurisdiction of the Federal High Court.
(3) Notwithstanding the Provisions of sub-articles 1 and 2 of this article;
(a) The Federal Supreme Court has a power of cassation over any final court decision containing a basic error of law. Particulars shall be determined by law.
(b) The State Supreme Court has power of causation over any final court decision on State matters which contains a basic error of law. Particulars shall be determined by law.
(4) State High Courts shall, in addition to State jurisdiction, exercise the jurisdiction of the Federal First-Instance Court.
(5) Decisions rendered by a State High Court exercising the jurisdiction of the Federal First-Instance Court are appealable to the State supreme Court.
(6) Decisions rendered by a State Supreme Court on Federal matters are appealable to the Federal Supreme Court.
Article 81 Appointment of Judges(1) The President and Vice-President of the Federal Supreme Court shall, upon recommendation by the Prime Minister, be appointed by the House of Peoples' Representatives.
(2) Regarding other Federal judges, the Prime Minister shall submit to the House of Peoples' Representatives for appointment candidates selected by the Federal Judicial Administration Council.
(3) The State Council shall, upon recommendation by the Chief Executive of the State, appoint the President and Vice-President of the State Supreme Court.
(4) State Supreme and High Court judges shall, upon recommendation by the State Judicial Administration Council, be appointed by the State Council. The State Judicial Administration Council, before submitting nominations to the State Council, has the responsibility to solicit and obtain the views of the Federal Judicial Administration Council on the nominees and to forward those views along with its recommendations. If the Federal Judicial Administration Council does not submit its views within three months, the State Council may grant the appointments.
(5) Judges of State First-Instance Courts shall, upon recommendation by the state Judicial Administration Council, be appointed by the State Council.
(6) Matters of code of professional conduct and discipline as well as transfer of judges of any court shall be determined by the concerned Judicial Administration Council.
Article 82 Structure of the Council of Constitutional Inquiry(1) The Council of Constitutional Inquiry is established by this Constitution.
(2) The Council of Constitutional Inquiry shall have eleven members comprising:
(a) The President of the Federal Supreme Court, who shall serve as its President;
(b) The vice-president of the Federal Supreme Court, who shall serve as its Vice-President;
(c) Six legal experts, appointed by the President of the Republic on recommendation by the House of Peoples' Representatives, who shall have proven professional competence and high moral standing;
(d) Three persons designated by the House of the Federation from among its members.
(3) The Council of Constitutional Inquiry shall establish organizational structure which can ensure expeditious execution of its responsibilities.
Article 83 Interpretation of the Constitution(1) All constitutional disputes shall be decided by the House of the Federation.
(2) The House of the Federation shall, within thirty days of receipt, decide a constitutional dispute submitted to it by the Council of Constitutional Inquiry.
Article 84 Powers and Functions of the Council of Constitutional Inquiry(1) The Council of Constitutional Inquiry shall have powers to investigate constitutional disputes. Should the Council, upon consideration of the matter, find it necessary to interpret the Constitution, it shall submit its recommendations thereon to the House of the Federation.
(2) Where any Federal or State law is contested as being unconstitutional and such a dispute is submitted to it by any court or interested party, the Council shall consider the matter and submit it to the House of the Federation for a final decision.
(3) When issues of constitutional interpretation arise in the courts, the Council shall:
(a) Remand the case to the concerned court if it finds there is no need for constitutional interpretation; the interested party, if dissatisfied with the decision of the Council, may appeal to the House of the Federation.
(b) Submit its recommendations to the House of the Federation for a final decision if it believes there is a need for constitutional interpretation.
(4) The Council shall draft its rules of procedure and submit them to the House of the Federation; and implement them upon approval.
Chatper Ten National Policy Principles and Objectives
Article 85 Objectives(1) Any organ of Government shall, in the implementation of the Constitution, other laws and public policies, be guided by the principles and objectives specified under this Chapter.
(2) The term "Government" in this Chapter shall mean a Federal or State government as the case may be.
Article 86 Principles for External Relations(1) To promote policies of foreign relations based on the protection of national interests and respect for the sovereignty of the country.
(2) To promote mutual respect for national sovereignty and equality of states and non-interference in the internal affairs of other states.
(3) To ensure that the foreign relation policies of the country are based on mutual interests and equality of states as well as that international agreements promote the interests of Ethiopia.
(4) To observe international agreements which ensure respect for Ethiopia's sovereignty and are not contrary to the interestsof its Peoples.
(5) To forge and promote ever growing economic union and fraternal relations of Peoples with Ethiopia's neighbours and other African countries.
(6) To seek and support peaceful solutions to international disputes.
Article 87 Principles for National Defence(1) The composition of the national armed forces shall reflect the equitable representation of the Nations, Nationalities and Peoples of Ethiopia.
(2) The Minister of Defence shall be a civilian.
(3) The armed forces shall protect the sovereignty of the country and carry out any responsibilities as may be assigned to them under any state of emergency declared in accordance with the Constitution.
(4) The armed forces shall at all times obey and respect the Constitution.
(5) The armed forces shall carry out their functions free of any partisanship to any political organization(s).
Article 88 Political Objectives(1) Guided by democratic principles, Government shall promote and support the People's self-rule at all levels.
(2) Government shall respect the identity of Nations, Nationalities and Peoples. Accordingly Government shall have the duty to strengthen ties of equality, unity and fraternity among them.
Article 89 Economic Objectives(1) Government shall have the duty to formulate policies which ensure that all Ethiopians can benefit from the country's legacy of intellectual and material resources.
(2) Government has the duty to ensure that all Ethiopians get equal opportunity to improve their economic condition and to promote equitable distribution of wealth among them.
(3) Government shall take measures to avert any natural and man-made disasters, and, in the event of disasters, to provide timely assistance to the victims.
(4) Government shall provide special assistance to Nations, Nationalities, and Peoples least advantaged in economic and social development.
(5) Government has the duty to hold, on behalf of the People, land and other natural resources and to deploy them for their common benefit and development.
(6) Government shall at all times promote the participation of the People in the formulation of national development policies and programmes; it shall also have the duty to support the initiatives of the People in their development endeavors.
(7) Government shall ensure the participation of women in equality with men in all economic and social development endeavors.
(8) Government shall endeavor to protect and promote the health, welfare and living standards of the working population of the country.
Article 90 Social Objectives(1) To the extent the country's resources permit, policies shall aim to provide all Ethiopians access to public health and education, clean water, housing, food and social security.
(2) Education shall be provided in a manner that is free from any religious influence, political partisanship or cultural prejudices.
Article 91 Cultural Objectives(1) Government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions of the Constitution.
(2) Government and all Ethiopian citizens shall have the duty to protect the country's natural endowment, historical sites and objects.
(3) Government shall have the duty, to the extent its resources permit, to support the development of the arts, science and technology.
Article 92 Environmental Objectives(1) Government shall endeavor to ensure that all Ethiopians live in a clean and healthy environment.
(2) The design and implementation of programmes and projects of development shall not damage or destroy the environment.
(3) People have the right to full consultation and to the expression of views in the planning and implementations of environmental policies and projects that affect them directly.
(4) Government and citizens shall have the duty to protect the environment.
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