Prepared by: Prof (Dr) Khushal Vibhute
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legal-research-methods
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- 2.2.2 Applied vs. Fundamental Research
- 2.2.4. Conceptual vs. Empirical Research
- Activity 2.2: Classify the following published research products, using their
- i. The Right against Torture: Institutional and Normative Framework, published on the Ethiopian Journal of Legal Education, Vol.1.No.1, July 2008, and written by
- January 2008,written by Assistant professor Tsehai Wada. iii. Proof of Marriage by Possession of Status: the law and practice, published on
- iv. The Child and the Law in Ethiopia: The case of the UN Convention on the Rights of the Child, published on Journal of Ethiopian Law,vol.18, August
- University Journal of Law,vol.1 No.1,October 2007,written by Alemayehu Fentaw. 2.3 R ES EARCH M
2.2 T YPES OF R ES EARCH According to C R Kothari, the basic types of research are: (i) Descriptive and Analytical Research, (ii) Applied and Fundamental Research, (iii) Quantitative and 15 Karl Pearson, The Gra mmar of Science, supra n 7, pp 10-12. 16 See, C R Kothari, Research Methodology: Methods and Techniques, supra n 4, pp 9-10, T S Wilkinson & P L Bhandarkar, Methodology and Techniques of Social Research (Hima laya Publishing House, Mumbai, 16 th edn, Reprint 2005), chap 1, J T Doby (ed), An Introduction to Social Research (Stackpole, 1967) 16 et. seq., Morris R Cohen & Ernest Nigel, An Introduction to Logic and Scientific Method (HarCourt, Brace, Ne w York, 1934), Willia m J Goode & Paul K Hatt, Methods in Social Research (Mc Gra w-Hill, 1952). 17 C R Kothari, Research Methodology: Methods and Techniques supra n 4, 10. chilot.wordpress.com 16 Qualitative Research, and (iv) Conceptual and Empirical Researc h. 18 Each one of these is briefly discussed here below: 2.2.1 Descriptive vs. Analytical Research Descriptive research, as its name suggests, describes the state of affairs as it exists at present. It merely describes the phenomenon or situation under st udy and its characteristics. It reports only what has happened or what is happening. It therefore does not go into the causes of the phenomenon or situation. The methods commonly used in descriptive research are survey methods of all kinds, including comparative and co-relational methods, and fact- finding enquiries of different kinds. Thus, descriptive research cannot be used for creating causal relationship between variables. While in analytical research, the researcher uses his facts or information alread y available and makes their analysis to make a critical evaluation of the material. 2.2.2 Applied vs. Fundamental Research Applied research or action research aims at finding a solution for an immediate problem. Here the researcher sees his research in a practical context. While in fundamental research or pure research or basic research, the researcher is mainly concerned with generalization and with the formulation of a theory. He undertakes research only to derive some increased knowledge in a field of his inquiry. He is least bothered about its practical context or utility. Research studies concerning human behavior carried on with a view to making generalizations about human behavior fall in the category of fundamental or pure research. But if the research (about human behavior) is carried out with a view to solving a problem (related to human behavior), it falls in the domain of applied or action research. The central aim of applied research is to discover a solution for some pressing practical problem, while that of fundamental research is to find additional information about a phenomenon and thereby to add to the existing body of scientific knowledge. The ‘applied’ scientist is thus works within a set of certain values and norms to which 18 Ibid., pp 2-5. chilot.wordpress.com 17 he feels committed. A sociologist, for example, when works with a social problem to find solution therefor and proposes, through a systematic inquiry, a solution or suggests some measures to ameliorate the problem, his research takes the label of ‘applied’ or ‘action’ research. But when he undertakes a study just to find out the ‘what’, ‘how’ of the social problem, his inquiry takes the nomenclature of ‘pure’ or ‘fundamental’ research. However, the above-mentioned ‘distinguishing factor’ between the ‘applied’ and ‘fundamental’ research need not be conceived as a ‘line’ putting the two ‘across’ the ‘line’ forever or an ‘either-or’ dichotomy. In fact, they are not mutually exclusive. There is a constant interplay between the two, each contributing to the other in many ways. 2.2.3. Quantitative vs. Qualitative Research Quantitative research is based on the measurement of quantity or amount. It is applicable to a phenomenon that can be expressed in terms of quantity. It is systematic scientific investigation of quantitative properties of a phenomenon and their inter-relation. The objective of quantitative research is to develop and employ mathematical models, theories and hypotheses pertaining to the phenomenon under inquiry. The process of measurement, thus, is ce ntral to quantitative research because it provides fundamental connection between empirical observation and mathematical expression of quantitative relationship. Qualitative research, on the other hand, is concerned with qualitative phenomenon, i.e. phenomenon relating to or involving quality or kind. For example, when a researcher is interested in investigating the reasons for, or motives behind, certain human behavior, say why people think or do certain things, or in investing their attitudes towards, or opinions about, a particular subject or institution, say adultery or judiciary, his research becomes qualitative research. Unlike quantitative research, qualitative research relies on reason behind various aspects of behavior. chilot.wordpress.com 18 2.2.4. Conceptual vs. Empirical Research Conceptual research is related to some abstract idea(s) or theory. It is generally used by philosophers and thinkers to develop new concepts or to re- interpret the existing ones. On the other hand, empirical research relies on experie nce or observation alone, often without due regard for system or theory. It is data-based research, coming up with conclusions that are capable of being verified by observation or experiment. It is therefore also known as experimental research. In empirica l research, it is necessary to get facts firsthand, at their source. In such a research, the researcher must first provide himself with a working hypothesis or guess as to the probable results. He then works to gets enough facts (i.e. data) to prove or disprove his hypothesis. ? Activity 2.2: Classify the following published research products, using their titles, into one or more category of the above types of research? Discuss at least two of them with the help of your instructor (If possible read them). i. The Right against Torture: Institutional and Normative Framework, published on the Ethiopian Journal of Legal Education, Vol.1.No.1, July 2008, and written by professor Khushal Vibhute. ii. Abortion Law in Ethiopia, published on Mizan Law Review,Vol.2 No. 1, January 2008,written by Assistant professor Tsehai Wada. iii. Proof of Marriage by Possession of Status: the law and practice, published on Higawint under Ministry of Justice,vol.3,No.1,August 2005,written in Amharic language by Filipos Aynalem. iv. The Child and the Law in Ethiopia: The case of the UN Convention on the Rights of the Child, published on Journal of Ethiopian Law,vol.18, August 1997,Written by Associate Professor Tilahun Teshome. v. Legal Pluralism: Its Promises and Pitfalls for Ethiopia, published on Jimma University Journal of Law,vol.1 No.1,October 2007,written by Alemayehu Fentaw. 2.3 R ES EARCH M ETHODS AND R ESEARCH M ETHODOLOGY chilot.wordpress.com 19 The term ‘research methods’ refers to all those methods and techniques that are used by a researcher in conducting his research. The term, thus, refers to the methods, techniques or tools employed by a researcher for collecting and processing of data, establishing the relationship between the data and unknown facts, and evaluating the accuracy of the results obtained. Sometimes, it is used to designate the concepts and procedures employed in the analysis of data, howsoever collected, to arrive at conclusion. In other words, ‘research methods’ are the ‘tools and techniques’ in a ‘tool box’ that can be used for collection of data (or for gathering evidence) and analysis thereof. ‘Research methods’ therefore, can be put into the following three groups: 1. The methods which are concerned with the collection of data [when the data already available are not sufficient to arrive at the required solution]. 2. The statistical techniques [which are used for establishing relationships between the data and the unknowns]. 3. The methods which are used to evaluate the accuracy of the results obtained. The term ‘research methodology’, on the other hand, refers to a ‘way to systematically solve’ the research problem. It may be understood as a ‘science of studying how research is done scientifically’. It involves a study of various steps and methods that a researcher needs generally to adopt in his investigation of a research problem along with the logic behind them. It is a study of not only of methods but also of explanation and justification for using certain research methods and of the methods themselves. It includes in it the philosophy and practice of the whole research process. In other words, research methodology is a set of rules of procedures about the way of conducting research. It includes in it not just a compilation of various research methods but also the rules for their application (in a given situation) and validity (for the research problem at hand). A researcher, therefore, is required to know not only the research methods or techniques but also the methodology, as he needs to decide as well as to understand the relevancy and efficacy of the research methods in pursuing the research problem at hand. He may be confronted with equally relevant and efficacious alternative research methods and techniques at each stage of his research study. He, therefore, chilot.wordpress.com 20 has to consciously resort to the research methods and techniques that are most appropriate to carry his investigation in a more systematic manner. This becomes possible only when he is acquainted with the underlying assumptions and utility of various research methods or techniques available to him. A study of research methodology equips him with this kind of knowledge and skill. C R Kothari, bringing out the correlation between research methods and research methodology, observed: --- [R]esearch methodology has many dimensions and research methods do constitute a part of the research methodology. The scope of researc h methodology is wider than that of research methods. Thus, when we talk of research methodology we not only talk of the research methods but also consider the logic behind the methods we use in the context of our research study and explain why we are using a particular method or technique and why we are not using others so that research results are capable of being evaluated either by the researc her himself or by others. Why a research study has been undertaken, how the research problem has been identified, in what way and why the hypothesis has been formulated, what data have been collected and what particular method has been adopted, why particular technique of analyzing data has been used and a host of similar other questions are usually answered when we talk of research methodology concerning a research problem or study. 19 A study of research methodology has the following advantages: 1. It inculcates in a researcher the ability to formulate his research problem in an intelligent manner. 2. It inculcates in him objectivity in perceiving his research problem and seeking solutions therefor. 3. It equips him to carry out his research undertaking in an efficient manner and in a better way. 4. It enables him to take rational decisions at every step of his research. 5. It enables him to design appropriate research technique(s) and to use it (them) in an intelligent and efficient manner. 19 Ibid, 8. chilot.wordpress.com 21 6. It enhances his ability to analyze and interpret data with reasonable objectivity and confidence. 7. It enhances ability of the researcher and/or others to evaluate research findings objectively and use the research results in a confident way. 8. It entails a good research. 9. It enables him to find a satisfactory way of acquiring new knowledge. Importance of knowing ‘research methodology’ or ‘the way of doing research’ is well articulated by C R Kothari as follows: In fact, importance of knowing the methodology of research or how research is done stems from the following considerations: (i) --- The knowledge of methodology provides good training specially to the new research worker and enables him to do better research. It helps him to develop disciplined thinking or ‘bent of mind’ to observe the field objectively. --- (ii) Knowledge of how to do research will inculcate the ability to evaluate and use research results with reasonable confidence. -- - (iii) When one knows how research is done, then one may have the satisfaction of acquiring a new intellectual tool which can become a way of looking at the world and of judging every day experience. Accordingly, it enables us to make intelligent decisions concerning problems facing us in practical life at different points of time. Thus, the knowledge of research methodology provides tools to look at things objectively. (iv) --- The knowledge of methodology helps the consumer of research results to evaluate them and enables him to take rational decisions. 20 20 Ibid, 10. chilot.wordpress.com 22 2.4 W HAT IS L EGAL R ESEARCH ? ‘Legal research’, taking clue from the meaning of ‘research’ as outlined in the preceding pages, may be defined as ‘systematic investigation towards increasing the sum of knowledge of law’. However, a scholar has commented that this definition is ‘too broad’ and ‘lacks articulation’ and proposed a different definition. He observed: Research may be defined as systematic fact- finding (that is, to find what the law is on a particular point) and advancement of the science of law. In a strict sense, legal research is understood as limited to those works which contribute to the advancement of legal science (that is excluding such materials as text-books and case books, etc.) This is a too narrow a view of research and we need not adopt such a restricted definition of legal research. Even the fact- finding is not so easy as it may seem. First, a researcher has to go into the different statutory provisions and the rules made thereunder. Secondly, he may have to examine the mass of case-law which may have accumulated on the point in issue, and it is not an easy matter to derive a clear-cut legal proposition from the tangled mass of case-law. To advance the science of law, it is necessary for a researcher to go into the underlying principles or reasons of the law. The enquiries will have to be: Why a particular rule? What led to its adoption? What are its effects? Whether it is suited to the present conditions? How can it be improved? Whether it needs to be replaced entirely by a new rule? 21 Thus, the term ‘legal research’ take into its ambit ‘a systematic finding’ or ‘ascertaining’ law’ on the identified topic or in the given area as well as ‘an inquiry’ into ‘law’ with a view to making advancement in the science of law. Finding law on a particular subject, as stated earlier, is not an easy task. There may be a number of statutes (as well as statutory provisions scattered in different statutes) with frequent amendments on the subject under inquiry. In addition, these statutes and 21 S N Ja in, Lega l Research and Methodology, 14 Jr o f Ind L Inst 487 (1972), at 490. chilot.wordpress.com 23 statutory provisions may be supplemented from time to time by a bulk of rules, regulations, orders, directives and government resolutions. Similarly, one (particularly in the common law jurisdictions) requires to look for pouring judicial pronouncements of the higher judicial institutions interpreting these provisions for finding ‘true’ meaning and ambit of the legal provisions. A quest for making advancement in the science of law requires a legal researcher to systematically probe into underlying ‘principles’ of, and ‘reasons’ for, ‘law’. Thus, legal research ha s a very wide scope as it, in ultimate analysis, involves an inquiry into one or the other dimension or aspect of ‘law’. Legal research is, thus, the process of identifying and retrieving information necessary to support legal decision-making. It includes in it each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation. ? Activity 2.3.First, list and then discuss the elements constituting the meaning of legal research? _____________________________________________________________________ ____________________________________________________________________ 2.5 S COPE AND R ELEVANCE OF L EGAL R ESEARCH 2.5.1 Nature and Scope of Legal Research A Welfare and Democratic State envisages socio-economic transformation for the development of a ‘just social order’ based on ‘equality and socio-economic justice’. Constitution of such a country invariably contemplates extensive use of law for bringing about the desired socio-economic transformation of the social order. It allows, rather expects, the state to use its legislative power to bring about such a change. Any serious step by the state towards social amelioration and economic progress requires legislation and legal authority. Law, therefore, acts as a catalytic agent for such socio-economic transformation. chilot.wordpress.com 24 However, in a democratic political set- up, the legislative processes have to be informed by public opinion. At the same time, public opinion is required to be changed through legislative process and concretization. 22 A good Legislator ought to know the coercion-potential of the laws and how much social resistance they can withstand. He must, among other things, to know the social mores, habits, and culture. Similarly, he must be able to take a realistic estimate of the effect of law by taking into account its inherent strengths and weaknesses. Jeremy Bentham talked of legislation as a science and wanted all the laws to be restructured on the touchstone of utility. Roscoe Pound conceived law as an instrument of social engineering. Both, therefore, visualized legislation on rational, humanistic and pragmatic basis. Such legislation requires an ongoing research into the facts and also of the interaction between the law and social & human behavior. If we find that most of the social welfare legislations have failed to bring the desired changes or transformation, it may be because they were not planned systematically and no cost- benefit analysis was done at their formulation stage. Law has to be preceded by a serious study of the dynamics of law and social changes. In the absence of such a study, law is bound to be ineffective and an utter failure in its mission. It would reduce merely to a legislative décor and symbolic. A set of questions, therefore, warrants a careful and critical investigation. Prominent among them are: Why is a legislation made? What are the forces, lobbies or pressure groups that activated the legislation, and for what reasons or objectives? What are the forces or pressure groups that opposed the legislation and on what grounds? What led to its adoption? What are its contemplated effects? How much is the success percentage of it as a social legislation? Why did the law beco me dysfunctional? Why it remained un-operationalized or less-operatinalized? What corrective measures need to take to make it more effective? Does it merely need some modifications or replacement by a new statute? 22 See, Albert Venn Dicey, Lectures on the Relation between Law and Public Opinion in England during the Nineteenth Century (MacMillan & Co, London, 1924), Lectures I, II & III; Morris Ginsberg, Law and Opinion in England in the Twentieth Century, (1959), and Julius Stone, Social Dimensions of Law and Justice (Stanford University, Stanford, 1966). chilot.wordpress.com 25 In a modern democratic polity the major state- governance is through administrative processes. Administrative processes range from making of laws to adjudication. It involves delegated or secondary legislation (in the form of rules, regulations, orders, notifications, bye- laws and directives); administrative adjudication (in the form of tribunals and quasi-judicial conciliatory bodies). It also regulates trade, business; secures essential commodities for people; involves in export and import of goods; undertakes and manages public-sector enterprises, and exercises a number of discretionary powers in a variety of ways and situations. A continuous careful inquiry into: the need for the delegated legislation and the legislative policy reflected therein; structural and operational ambits of the body created thereunder; inbuilt- mechanism for ensuring smooth execution of the policy; (ab)use of discretionary powers; working of different administrative bodies, for example, becomes imperative. A continuous research into the policies and administrative processes and the way in which discretionary powers are exercised is necessary to bring permissible uniformity in the administrative processes and procedures and to prevent abuse of discretionary powers by the administrative authorities. Such an inquiry is also necessary to make administration efficient and purposeful. Judicial process can also be an area of research. Courts, at least in Common Law Jurisdictions, do not only interpret law but also create law through their judicial pronouncements. Judges, as adjudicators, also invariably highlight inbuilt weaknesses and shortcomings of law in their judicial deliberations. However, it is conceded that judicial pronouncements, howsoever they are claimed to be objective, in ultimate analysis, contain an element of subjectivity. Invariably, a judgment reflects personality and judicial background and philosophy of the judge. It therefore becomes necessary to carry out research into some of the pertinent questions that associate with judicial process. Some of them are: Do courts make law?; Should they make law?; how should they make law?; What are the limits within which they are expected to make law?; What is their family, educational and social background?, and What kind of personal, social and judicial philosophy the y hold and preach? Lawyers play a pivotal role in the decision- making process. Lawyers appearing in a case in fact feed the judge with relevant authorities and policy-oriented arguments. Therefore, a study of social and educational background of lawyers a nd of their chilot.wordpress.com 26 training carries significance in understanding the decision- making process and judicial process. Behavioral studies of lawyers and judges, therefore, become necessary to appreciate the realities of judicial process. Similarly, it becomes necessary to methodologically scrutinize the materials used by them in the decision- making process and the theoretical, social and philosophical premises used therefor. Ideally, judicial decision requires three types of research inputs, the conceptual or ideological, the doctrinal, and the empirical. Such a study would demystify the judicial process and thereby would built up greater legitimacy of the judicial processes and strengthen peoples’ respect for the courts’ as justice institutions. If social audit of judicial performance is desirable, legal research becomes unavoidable. Legal research, therefore, takes into its ambit: 1. Doctrinal Research- It is a research into legal rules, principles, concepts or doctrines. It involves a rigorous systematic exposition, analysis and critical evaluation of legal rules, principles or doctrines and their inter- relationship. It arranges the existing law in order and provides thematic parameters for such an order. It also concerns with critical review of legislations and of decisional processes and their underlying policy. 2. Research in theory- It involves an inquiry into conceptual bases of legal rules, principles or doctrines. It provides stimulus and intellectual infrastructure for empirical research as well as for advancements in law through legislative, judicial and administrative process. 3. Empirical investigations- It assesses impact of law and reveals the gap between legal idealism and social reality. Perceiving the idea of law as a social phenomenon, a researcher explo res social, political, economic and cultural dimensions or implications of law. 4. Reform-oriented Research- It, based on empirical study and critical examination of law, recommends changes in law and legal institutions. 23 23 See generally, Dennis Pearce, Enid Ca mpbe ll, & Don Hard ing, Australian Law Schools: A Discipline Assessment for the Commonwealth Tertiary Education Commission (AGPS, 1987) and Ha rry Arthurs, Law and Learning: Report to the Social Sciences and Humanities Research Council of Canada by the Consultative Group on Research and Education in Law (1983). chilot.wordpress.com 27 These broad categories of legal research, which can be conveniently re- grouped into doctrinal legal research and non-doctrinal legal research, obviously are not mutually exclusive. They overlap each other. 2.5.2 Scope of Legal Research in the Common Law System and the Civil Law System At this juncture, it is necessary to have some broad, but pertinent, observations about the nature and scope of legal research in the common law and civil law systems. In the common law system, Legislature enacts substantive law. Executive wing of a State, drawing authorization from a substantive law, supplements the substantive law in the form of rules, regulations, statutory orders, notifications and byelaws. While courts, as and when called upon, interpret the ‘law’ and gives finality to it through their judicial pronouncements. Courts, particularly higher ones, however, do not only ‘apply’ law to the ‘facts’ and ‘issues’ brought and agitated before them but also, through their judicial pronouncements, ‘make’ law. 24 They are, generally, bestowed with wide judicial discretion. They are empowered to determine ‘legality’ as well as adjudicate ‘finality’ of ‘law’ or ‘legal provision’. The lower courts are bound by ‘precedent’. In the common law system, therefore, the basic assumption is that if there is a judicial decision in the past having facts and legal issues similar to those in the case currently before the court, the outcome of the past case should control the outcome of the present case. Therefore, in the common law system Legislature, Executive as well as Judiciary do constitute ‘source’ of law. A legal researcher, with a view to understanding ‘law’ on a particular topic or subject, therefore has to ‘locate’, ‘appreciate’ and analyze apt Acts of Parliament, subsidiary legislative instruments, if any, and judicial pronouncements. He has to focus his attention on the primary source materials, like the Constitution and Statutes (along with statutory instruments), and leading judicial pronouncements (the precedents). 24 See, Ben ja min Cardozo, the Nature of Judicial Process (Ya le University Press, 1921). Also reprinted in, Margaret E Hall (ed), Selected Writings of Benjamin Nathan Cardozo (Fallon Publications, New Yo rk, 1947) 107 et. seq. chilot.wordpress.com 28 By contrast, in the civil law system, Acts of Parliament, supplemented by appropriate Regulations and Directives, if any, do constitute ‘primary’ sources of ‘law’. Courts are required only to ‘apply’ them. In no way, they are expected to ‘make’ law through their judicial pronouncements. Hence, the law of precedent, unlike in common law jurisdictions, is irrelevant. Nevertheless, a judicial statement of a higher court may have an inspirational or persuasive value in terms of its reasoning. In civil law system, a legal researcher, with a view understanding law on a topic, therefore, has to merely concentrate on the primary sources of law . However, there is hardly any material difference in the nature and scope of legal research in these two legal systems- the common law and the civil law system. In both the systems, broad strategy and utility of legal research is alike. They only differ in their emphasis on the material required/used for carrying out legal research. A legal researcher from the common law jurisdiction relies heavily upon, and gives importance to, apt statutory materials (the Constitution, statutes and other statutory instruments) and case reports (including case comments and case digests) for ‘ascertaining’, ‘understanding’ and ‘appreciating’ law on the topic or area of his inquiry. A legal researcher from a civil law system, on the other hand, focuses and prominently relies on the statutory materials for ‘ascertaining’, ‘understanding’, and ‘appreciating’ law. Under both the legal systems, a researcher has to resort to identical methods of data collection and of analysis when he is interested in highlighting ‘social dimension of law’ or ‘gap’ between the legal idealism and social reality or assessing ‘impact of law’ on the social behavioral pattern. In other words, the strategy and paradigm of socio- legal research in both the systems are similar. Ethiopia is a civil law country. Nevertheless, the Ethiopian legal system exhibits some common law elements. In fact, foreign Commissions, headed by the persons having influence of continental civil and English common law, drafted the following six basic Codes, which constitute the real body of law of Ethiopia. They are: (i) the Penal Code of 1957 (drafted by the Commission headed by Professor Jean Graven of Switzerland); (ii) the Civil Code of 1960 (drafted by the Commission headed by Professor R David of France); (iii) the Maritime Code of 1960 (drafted by the Commission headed by Professor J Escarra of France); (iv) the Commercial Code of 1960 (drafted by the chilot.wordpress.com 29 Commission headed by Professor J. Escarra of France and A. Jauffret of France); (v) the Criminal Procedure Code of 1961 (drafted by the Commission headed by Sir Charles Matthews of England), and (vi) the Civil Procedure Code of 1965 (drafted by the Commission headed by Ato Nirayo Esayas, Assistant Minister of Codification of the Ethiopian Ministry of Justice). Though some of these Codes are subsequently modified and revised, their basic framework remained intact. Further, though the common law doctrine of stare decisis is not applicable in Ethiopia, it would be of interest to note that the recently enacted Proclamation No. 454/2005 25 inserted sub-Article (4) in Article 10 of the Proclamation No. 25/1996 26 to explicitly make decisions of the cassation division of the Federal Supreme Court binding on federal and regional council at all levels. It also, in a way, statutorily recognized the power of the cassation division to overrule its earlier decisions. The newly inserted sub-Article (4) runs as under: Interpretation of a low (sic) by the Federal Supreme Court rendered by the cassation division with not less than five judges shall be binding on federal as well as regional council at all levels. The cassation division may however render a different legal interpretation some othe r time. 27 It would be of further interest to note here that the Proclamation of 454/2005 also inserted Sub-Article (5) in Article 10 of the Proclamation 95/1996 to mandate the Federal Supreme Court to publish and distribute decisions of the Cassation Divis ion having such binding character. It says: The Federal Supreme Court shall publish and distribute decisions of the cassation division that contain binding interpretation of laws to all levels of courts and other relevant bodies. 28 25 Federal Courts Procla mation Rea mend ment Procla mation No. 454/2005, Federal Negarit Gazeta, 11 th Year No. 42, 14 th June, 2005, p 3121. 26 Federal Courts Procla mation No. 25/1996’, Federal Negarit Gazeta, 2 nd Year No. 13, 15 th February, 1996, p 129. 27 See, Art icle 2(1). 28 Id. The Journal of Ethiopian Law of the Faculty of Law of the Addis Ababa University has also started publishing (selective) decisions of Cassation Division fro m its issue of 2006. Since 1964, the Faculty of La w of the Haile Se llassie I University (now Addis Ababa University) began to collect and chilot.wordpress.com 30 Thus, the Ethiopian legal system has, thus, some common law elements too. Download 1.87 Mb. Do'stlaringiz bilan baham: |
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