Keith Mack
Ethiopia has a mixed civil law and customary law system. Civil law systems are derived mainly from the Roman Corpus Juris Civilus, a collection of laws and legal interpretations compiled under the East Roman (Byzantine) Emperor Justinian I between AD 528 and 565. Countries with civil law systems have comprehensive, continuously updated written legal codes designed to address an entire area of activity, such as criminal law, civil procedure, or commerce. Conversely, customary law is usually unwritten and dispensed by persons with elected or hereditary roles within a small community. It tends to govern areas such as personal conduct, inheritance, and marriage. Ethiopia's legal system largely belongs to the civil law system, with six comprehensive legal codes enacted between 1957 and 1965. However, the country also has customary courts, such as the Shemagelle in Amhara, the Bayito and Abo Gereb in Tigray, and the Luba Basa in Oromia.
| Characteristics | Values |
|---|---|
| Type of legal system | Mixed civil law and customary law system |
| Civil law | Comprehensive, continuously updated written legal codes designed to address an entire area of activity, such as criminal law, civil procedure, or commerce |
| Judicial decisions | No precedential value |
| Customary law | Usually unwritten and dispensed by persons with elected or hereditary roles within a small community |
| Areas governed by customary law | Personal conduct, inheritance, and marriage |
| Traditional elder councils | Carry moral force and still operate widely as primary decision-makers in rural areas |
| Number of houses in parliament | Two |
| Highest legislative authority | House of Peoples' Representatives (HPR) |
| Number of members in HPR | 550 |
| Number of seats reserved for minority nationalities and peoples | 20 |
| Number of comprehensive legal codes enacted between 1957 and 1965 | Six |
| Year of introduction of Penal Code | 1957 |
| Year of introduction of Civil, Commercial and Maritime Codes | 1960 |
| Year of introduction of Criminal Procedure Code | 1961 |
| Year of introduction of Civil Procedure Code | 1965 |
| Year Constitution came into force | 1995 |
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What You'll Learn
- Ethiopia's legal system is a mix of civil law and customary law
- The country's laws are continuously updated and written
- Customary law is unwritten and is dispensed by community leaders
- Ethiopia's Federal Supreme Court judgements are binding on all lower courts
- The country's constitution establishes a two-house parliament
Ethiopia's legal system is a mix of civil law and customary law
Customary law, on the other hand, is usually unwritten and dispensed by persons with elected or hereditary roles within small communities. It tends to govern areas such as personal conduct, inheritance, and marriage. In Ethiopia, traditional elder councils, though lacking legal authority, carry moral force and operate as primary decision-makers in rural areas. Examples of customary courts include the Shemagelle in Amhara, the Bayito and Abo Gereb in Tigray, and the Luba Basa in Oromia.
Ethiopia's legal system also incorporates elements of religious law. The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) establishes a two-house parliament for the federal government: the House of Peoples' Representatives and the House of Federation. The FDRE Constitution does not define minority groups, but it ensures their representation by reserving at least 20 seats for minority nationalities and peoples.
While Ethiopia's legal system largely belongs to the civil law system, it has recently introduced a rule whereby judgments rendered by the Cassation Bench of the Federal Supreme Court would be binding upon all subordinate courts, a characteristic feature of the common law system.
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The country's laws are continuously updated and written
Ethiopia's legal system is a mix of civil law and customary law. Civil law systems are defined by their comprehensive, continuously updated, and systematically organized written legal codes. These codes are designed to address specific areas of activity, such as criminal law, civil procedure, or commerce. Ethiopia's civil law system has been influenced by various legal traditions, including Swiss law, as evidenced by the introduction of a new Penal Code in 1957 that drew heavily from its Swiss counterpart. Between 1960 and 1965, Ethiopia also enacted five additional codes: the Civil, Commercial, and Maritime Codes, the Criminal Procedure Code, and the Civil Procedure Code.
The country's civil law system is further complemented by customary law, which is prevalent in rural areas. Customary law is typically unwritten and administered by individuals with elected or hereditary roles within small communities. Traditional elder councils, for instance, carry moral authority and serve as primary decision-makers in many rural regions. Ethiopia's customary law influences various aspects of personal conduct, inheritance, and marriage.
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution), which came into force in August 1995, establishes a two-house parliament for the federal government: the House of Peoples' Representatives and the House of Federation. The highest legislative authority is the House of Peoples' Representatives (HPR), with members elected every five years.
Ethiopia's legal system also incorporates elements of religious law, such as Sharia, which governs the public and private lives of Muslims. The primary sources of Sharia law are the Qur'an and the Sunnah, which encompass the teachings and works of the Prophet Muhammad.
The Ethiopian Federal legislature has recently introduced a rule whereby judgments rendered by the Cassation Bench of the Federal Supreme Court are binding upon all subordinate courts at the federal and regional levels. This development underscores the dynamic nature of Ethiopia's legal system, which continues to evolve through legislative updates and adaptations to address the needs of its diverse society.
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Customary law is unwritten and is dispensed by community leaders
Ethiopia's legal system largely belongs to the civil law system. However, the country also has customary laws in place, which are often unwritten and passed down through generations, being dispensed by community leaders. Customary law is deeply rooted in long-standing traditions, customs, and rules that a community accepts as binding. It is often administered at the local level in accordance with tradition and dispute resolution mechanisms.
Customary law is usually unwritten and enforced by persons with elected or hereditary roles within a small community. It is based on patterns of behaviour or customs that are accepted as legal requirements or rules of conduct within a particular country. In Ethiopia, customary law tends to govern areas such as personal conduct, inheritance, and marriage. These laws are often passed down through generations and enforced by community leaders or elders.
Ethiopia's customary laws are similar to the traditional elder councils that still operate as primary decision-makers in rural areas. These elder councils, while lacking legal authority, carry moral force and can resolve disputes through Alternative Dispute Resolution Mechanisms (ADRM). Examples of these customary courts include the Shemagelle in Amhara, the Bayito and Abo Gereb in Tigray, and the Luba Basa in Oromia.
Customary law can also be implemented by national judiciaries or modern court systems. Some countries require that customary law principles be proven as a question of fact, while others permit proof through written documents or prior legal decisions. In some nations, customary law is combined with civil or common law in a mixed legal system. For example, in South Korea, civil law is influenced by customary law in areas such as property rights.
While customary law is deeply rooted in community traditions and customs, it is important to note that it can be scrutinised and challenged. In some cases, customary law practices have been criticised for failing to align with international human rights norms. As such, many national governments have taken measures to address these concerns and ensure that the enforcement of customary law does not conflict with statute, public policy, or enumerated values and principles.
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Ethiopia's Federal Supreme Court judgements are binding on all lower courts
Ethiopia has a mixed civil law and customary law system. Countries with civil law systems have comprehensive, continuously updated written legal codes designed to address an entire area of activity, such as criminal law, civil procedure, or commerce. Ethiopia's Federal Supreme Court judgments are binding on all lower courts. The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) establishes a two-house parliament for the federal government: the House of Peoples' Representatives and the House of Federation. The FDRE Constitution states that supreme federal judicial authority is vested in the Federal Supreme Court. It empowers the House of Peoples' Representatives (HPR) to decide by a two-thirds majority vote to establish subordinate federal courts, as it deems necessary, nationwide or in some parts of the country.
The Ethiopian Parliament is not bicameral in the strict sense of the term. The highest legislative authority is vested in the HPR, which is comparable to the first or lower chamber of a legislature, serving the interests of the people in the federation. The members of the HPR are elected by a plurality of votes cast in general elections every five years. The HPR has 550 members, and at least 20 seats are reserved for minority nationalities and peoples to ensure their representation.
Ethiopia has a dual judicial system with two parallel court structures: the federal courts and the state courts with their own independent structures and administrations. Judicial powers, at both Federal and State levels, are vested in the courts. The Federal Supreme Court sits in Addis Ababa with national jurisdiction. Federal High Courts have been established in five States. Federal courts at any level may hold circuit hearings within the State or "area designated for its jurisdiction" if deemed "necessary for efficiency".
The day-to-day operations of the Federal Courts in Ethiopia are supervised and managed by court presidents, who act as judges and administrators with responsibilities and obligations towards the President of the Supreme Court. The FDRE Constitution provides for the establishment of three levels of State courts: the State Supreme Court, which also incorporates a cassation bench to review fundamental cases.
Ethiopia's legal system largely belongs to the civil law system. The case law system is a distinguishing feature of the common law system. Recently, the Ethiopian Federal legislature has enacted legislation that introduces a rule whereby a judgment rendered by the Cassation Bench of the Federal Supreme Court would be binding upon all subordinate courts at federal and regional levels.
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The country's constitution establishes a two-house parliament
Ethiopia's legal system largely belongs to the civil law system, which is characterised by comprehensive, continuously updated written legal codes designed to address specific areas of activity, such as criminal law, civil procedure, or commerce. Judicial decisions do not set precedents in civil law systems. However, Ethiopia's legal system also incorporates customary law, which is usually unwritten and dispensed by persons with elected or hereditary roles within small communities. Customary law tends to govern areas such as personal conduct, inheritance, and marriage.
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution) establishes a two-house parliament for the federal government: the House of Peoples' Representatives and the House of Federation. The FDRE Constitution does not establish a bicameral parliament in the strict sense. The highest legislative authority is the House of Peoples' Representatives (HPR), which serves the interests of the people in the federation as a whole. The HPR is made up of 550 members, with at least 20 seats reserved for minority nationalities and peoples to ensure their representation. These members are elected every five years in general elections.
The Ethiopian Parliament is not considered strictly bicameral because, while the House of Peoples' Representatives holds the highest legislative authority, the House of Federation does not function as an upper house or senate. Instead, the House of Federation is comparable to the first or lower chamber of a legislature. The specific groups that fall under minority nationalities and peoples are not defined by the FDRE Constitution, and it is declared that these particulars shall be determined by law.
Historically, Ethiopia had an Imperial Parliament that was first convened by Emperor Haile Selassie in 1931. This parliament was largely advisory and feudal, consisting of an upper Senate composed of nobility, aristocracy, ministers, distinguished veterans, and military commanders, and a lower Chamber of Deputies made up of members chosen by the Emperor, nobility, and aristocrats. The 1955 constitution introduced new arrangements, including the election of members to the Chamber of Deputies and an increase in the number of members in the lower house to 250.
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Frequently asked questions
No, Ethiopia's legal system is largely based on civil law.
Common law, often synonymous with English common law, is a type of legal system that is the system of England and Wales in the UK. It is also in force in approximately 80 countries formerly part of or influenced by the former British Empire. Common law is based on the concept of "legal precedent", referred to as stare decisis, which means "to stand by things decided".
Civil law, also referred to as European continental law, is derived mainly from the Roman Corpus Juris Civilus, a collection of laws and legal interpretations compiled under the East Roman (Byzantine) Emperor Justinian I between A.D. 528 and 565. Civil law systems are organised into systematic written codes, with the recognised authoritative sources being principally legislation and, secondarily, custom. Civil law is the most widespread type of legal system in the world, applied in various forms in approximately 150 countries.
Ethiopia's legal system is a mixed civil law and customary law system. While it is largely based on civil law, Ethiopia's Federal legislature has recently enacted legislation that introduces a rule whereby a judgment rendered by the Cassation Bench of the Federal Supreme Court would be binding upon all subordinate courts. This suggests that elements of common law, which relies on legal precedent, are being incorporated into the Ethiopian legal system.
