Using constitutional interpretation to resolve constitutional silence related to postponing election during global public health emergency is a must and it needs to be done in purposive and structural manner ,constitutional law experts so remarked.
Last Saturday, the Council of Constitution Inquiry (CCI) conducted on a live televised and first kind legal experts’ hearing on the process of constitutional interpretation referred to House of Federation for amending the constitution by the parliament as the country has failed to conduct the 6th general elections on time due to the looming health crisis of COVID-19.
AAU Constitutional Law lecturer Getachew Assefa (PhD) says: “As the drafters of our constitution did not conceive the current situation in the country at that time for obvious reason , resolving the constitution silence through constitutional interpretation is legally acceptable.”
He further says during the constitutional interpretation, the CCI has to treat constitutional provisions (article 54(1) and 58(3) that terminate the tenure of the house of people’s representatives in parallel with article 93(1) which envisages the decree of state of emergency while the country is in crisis like natural hazards and epidemic.
Human Rights Expert Solomon Ayele (PhD) tells CCI that the interpretation process would be a game changer in the nation’s democratization process. He, therefore, says: “CCI has to encourage all stakeholders to forward comments on the interpretation of the constitution in a bid to make the process more fair and transparent.”
He also underlines a need for having a clear legislative decree complies with the constitutional legitimacy so as to make the interpretation fair and balanced. “The final decision will be made by the House of Federation following resolution passed by CCI.”
Bolivia, North Macedonia, Brazil, Germeny, Kenya, Australia, Chile, Russia and India have already postponed election, referendum and other legal procedures due to COVID 19 pandemic, as to him.
Other scholars, Prof. Yonathan and Adem Kassie (PhD) underscore the need of the national election postponement due to lack of preparedness amid COVID -19.
Both further say the Ethiopian constitution does not allow power vacuum so that that the incumbent government is legitimate to stay in power so as to address current circumstances faced by the country and the public at large.
For his part, Zemelak Ayele (PhD), says the interpretation should be done in balanced manner taking all significant perspectives like intents of drafters, provisions set in the constitution.
The Ethiopian Herald May 19/2020
BY STAFF REPORTER
