Course outline
Course Name: Introduction to Law and Ethiopian Legal System (course code: ) (Course Load: )
Instructor: Hachalu Adaba Galeta (LLM &LLB), email: hachalulaw4th@[Link]
Consultation hour: Any time but upon prior appointment
Modes of delivery: lecture, independent study, assignment, and presentation
Modes of assessment: at least 2 assignments will be given with presentation (15%), 2 class quiz (10%), attendance and participation (5%), 3 tests
(30%) and final exam (40%)
COURSE OBJECTIVES : After the completion of this course, the student will be able to: explain the nature of law; describe the
distinction between legal norms and non-legal norms; evaluate the significance of material sources of Ethiopian laws; compose ideas on
formal sources of our laws; identify methods of classification of laws along with the criteria based on which laws are classified; compare and
contrast law making process in Ethiopia; categorize laws in their hierarchical order; state the process of making of laws in Ethiopia; interpret
Ethiopian laws based on rules of interpretation; identify the technique of repealing laws in Ethiopia; explain the common rules applicable to
all juridical acts; state the features of traditional dispute resolution mechanisms in Ethiopia; and apply the rules and principle of law in
practice.
UNIT ONE: NATURE AND FUNCTIONS OF LAW
1.1. Definition of Law
1.2. Basic Features of Law
1.3. Major Theories of Law
1.3.1. Nature law Theory
1.3.2. Positive Law Theory
1.3.3. Marxist Law Theory
1.3.4. Realist Theory of Law
1.4. Functions of Law
1.5. Relationship between Law and State
1.6. Legal Norms and Non-legal Norms
1.7. Major Legal Systems in the world
1.7.1. Legal System
1.7.2. The Anglo-American Legal System (Common Law)
1.7.3. The Civil Law Legal System
1.7.4. Common Law and Civil Law Legal Systems Compared
UNIT TWO: SOURCES OF LAW
2.1. Meaning of the term Source
2.2. Material Sources of Law
2.2.1. Custom as Source of Law
2.2.2. Religion as Source of Law
2.2.3. The Federal Constitution as Source of Ethiopian Laws
2.2.4. Legislation as Sources of Law
2.2.5. Court Decisions as Source of Law
2.3. Formal Sources of Law
2.3.1. Concept of Formal Sources
2.3.2. Elements of Formal sources
UNIT THREE: CLASSIFICATION OF LAWS
3.1. Public and Private Law
3.2. International and National Law
3.3. Substantive and Procedural Law
3.4. Civil and Criminal Law
UNIT FOUR: THE MAKING and REPEALS OF LAWS
4.1. The Making of Laws
4.1.1. Steps in Law Making
4.1.2. Comparative Study of Law-Making Process in Ethiopia
[Link]. Haile Selassie’s ERA
[Link]. The Derg’s ERA
[Link]. Under the PDRE
[Link]. Law Making in the Present Day of Ethiopia
4.2. Repeal of Laws
4.2.1. General Concepts
4.2.2. Types of Repeals
[Link]. Express Repeal
[Link]. Implied or Tacit Repeal
4.2.3. Effects of Repeal
4.2.4. Expiry of Laws
[Link]. Consequences of expiry
[Link]. Repeal by a temporary statute
4.3. Nullification of Laws
UNIT FIVE: HIERARCHY OF LAWS
5.1. Hierarchy of laws under the Unitary form of Ethiopia
5.1.1. Hierarchy of laws under the Revised Constitution of 1955 and the PDRE Constitution of 1987
5.1.2. Hierarchy of laws under the PDRE Constitution of 1987
5.2. The Hierarchy of Laws with in the Present Legal Structure of Ethiopia
5.2.1. The Supremacy of the FDRE Constitution
5.2.2. The Status of International Treaties Vis-à-vis Other Domestic Laws
5.2.3. Federal Legislation and Their Hierarchy
5.2.4. State Laws and Their Hierarchy
UNIT SIX: INTERPRETATION OF LAWS
6.1. General
6.2. Types of Interpretation
6.2.1. Types of interpretation in general
6.2.2. Interpretation of Statutes
6.3. Constitutional Interpretation
6.4. Rules/Techniques of Statutory Interpretation
6.4.1. Rules of Interpretation in General
6.4.2. Rules of Interpretation in Ethiopia
UNIT SEVEN: JURIDICAL ACTS
7.1. Definition and Importance of Juridical Acts
7.2. General Theory and Classification of Juridical Acts
7.3. Rules Common to All Types of Juridical Acts
7.4. Relative Effect of Juridical Acts
7.5. Rights and Duties
II) ETHIOPIAN LEGAL SYSTEM
UNIT EIGHT: LEGAL FRAMEWORK IN ETHIOPIA
8.1. General Survey of Common Features in African Legal Tradition: Ethiopia in Focus
8.1.1. General
8.1.2. Legal Pluralism
8.1.3. Legal Transplantation from Foreign Sources
8.2. A General Overview of Laws and Practices in Ethiopia
8.2.1. The 1995 Constitution of the Federal Democratic Republic of Ethiopia
8.2.2. The Federal Laws and regional Laws and Practices
8.2.3. Conflict between Federal Laws and Regional Laws
8.2.4. Official Norms and un–Official Norms
UNIT NINE: INSTITUTIONAL FRAMEWORK IN ETHIOPIA
9.1. Federal Institutions and their Responsibilities
9.1.1. The Federal Legislature
9.1.2. Federal Judicial Organs
9.1.3. The Executive Organ
9.2. State Institutions
9.2.1. State Councils
9.2.2. State Courts
9.2.3. Regional Justice Bureaus
9.2.4. State Police Commissions
9.2.5. State Prisons Administrations
9.3. Conflict of Powers of the Federal State and the Regions
9.4. Administration of Justice in Ethiopia
UNIT TEN: TRADITIONAL CO-EXISTENT MECHANISMS OF DISPUTE RESOLUTION IN ETHIOPIA
9.1. Some Preliminary Remarks about Alternative Dispute Resolution (ADR) in General
9.1.1. Definition and Nature of ADR
9.1.2. Types of ADR Methods: An Overview
9.2. Modes and Nature of Traditional /Customary/ Mechanisms of Dispute Settlement in Ethiopia
9.3. Conflict between Formal and Traditional Mechanisms
Assignments 1. (5%)
Read and understand the hierarchy of laws under the Unitary form of Ethiopia (1955, 1987)
5.1 Hierarchy of laws under the Unitary form of Ethiopia
5.1.1 Hierarchy of laws under the Revised Constitution of 1955 and the PDRE Constitution of 1987
5.1.2 Hierarchy of laws under the PDRE Constitution of 1987
Assignments 2. (10)
Read and understand
UNIT NINE: INSTITUTIONAL FRAMEWORK IN ETHIOPIA
9.1. Federal Institutions and their Responsibilities
9.1.1. The Federal Legislature
9.1.2. Federal Judicial Organs
9.1.3. The Executive Organ
9.2. State Institutions
9.2.1 State Councils
9.2.2 State Courts
9.2.3 Regional Justice Bureaus
9.2.4 State Police Commissions
9.2.5 State Prisons Administrations
someone has filed a complaint alleging that he was beaten by arresting police officers during his
arrest. to handle the case, it is mandatory to determine which types of rights is violated by the
police if the allegation is true. based on this please identify the following questions. 1. Does
beating fall under a civil and political rights category? if yes according to which article and laws?
2. if it is civil and political rights then under which sub category? is it freedom from torture and
other cruel treatment? is it about the rights of arrested person? is it the personal integrity and
dignity? is it personal liberty and security? I want you to identify the laws, principles, standards,
and other human rights instruments to explain how the beating can fall under each and every of
the above stated category of rights. base your arguments on binding laws, then substantiate it
with subsidiary laws including general comments, and concluding observations etc...
Yes, the alleged beating by police officers falls under the category of civil and political rights, as
recognized by various international, regional, and national legal frameworks. Below is an
analysis of how this act constitutes a violation under multiple subcategories of civil and political
rights.
1. Beating as a Civil and Political Rights Violation
Yes, police brutality, including beating a person during arrest, constitutes a violation of civil and
political rights. The most relevant legal instruments that prohibit such actions include:
International Covenant on Civil and Political Rights (ICCPR)
o Article 7: Prohibits torture and cruel, inhuman, or degrading treatment or punishment.
o Article 9: Protects against arbitrary arrest and ensures the right to liberty and security of
the person.
o Article 10: Protects the dignity of persons deprived of liberty.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
o Article 1: Defines torture and prohibits it absolutely.
o Article 16: Extends the prohibition to cruel, inhuman, or degrading treatment not
amounting to torture.
Universal Declaration of Human Rights (UDHR)
o Article 5: Prohibits torture and inhuman treatment.
o Article 9: Protects against arbitrary arrest and detention.
African Charter on Human and Peoples' Rights (ACHPR)
o Article 5: Prohibits torture and cruel treatment.
o Article 6: Protects the right to liberty and security of the person.
Ethiopian Constitution (1995)
o Article 18(1): Prohibits torture and inhuman treatment.
o Article 19: Protects the rights of arrested persons.
o Article 24: Guarantees the right to personal dignity.
2. Beating Under Different Subcategories of Civil and Political Rights
A. Freedom from Torture and Other Cruel, Inhuman, or Degrading Treatment
Binding Laws:
o ICCPR, Article 7: Prohibits torture and cruel, inhuman, or degrading treatment or
punishment.
o CAT, Articles 1 & 16: Define and prohibit torture and cruel treatment.
o ACHPR, Article 5: Guarantees freedom from torture.
o Ethiopian Constitution, Article 18: Prohibits torture and cruel treatment.
Subsidiary Laws and Interpretations:
o UN Human Rights Committee (HRC), General Comment No. 20 (1992) on ICCPR Article
7: Emphasizes that states must prevent all forms of torture and ill-treatment.
o UN Committee Against Torture, General Comment No. 2 (2007): Clarifies the scope of
state obligations, including police conduct.
o Concluding Observations on Ethiopia (2011, 2019): Expressed concerns over police
brutality and called for stronger enforcement of anti-torture laws.
B. Rights of Arrested Persons
Binding Laws:
o ICCPR, Article 9: Ensures protection against arbitrary detention and excessive force.
o ACHPR, Article 6: Protects individuals from arbitrary arrest.
o Ethiopian Constitution, Article 19: Guarantees due process and humane treatment
during arrest.
Subsidiary Laws and Interpretations:
o UN HRC, General Comment No. 35 (2014): Establishes that any use of force during
arrest must be lawful, necessary, and proportionate.
o African Commission Guidelines on the Right to Fair Trial and Legal Assistance (2003):
Require humane treatment of detainees.
C. Personal Integrity and Dignity
Binding Laws:
o ICCPR, Article 10(1): Protects the dignity of persons deprived of liberty.
o ACHPR, Article 5: Recognizes the inherent dignity of every person.
o Ethiopian Constitution, Article 24: Guarantees respect for human dignity.
Subsidiary Laws and Interpretations:
o UN HRC, General Comment No. 21 (1992): Confirms that detainees must be treated
with humanity.
o UN Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules, 2015):
Require humane treatment of detainees.
D. Personal Liberty and Security
Binding Laws:
o ICCPR, Article 9(1): Guarantees the right to liberty and security of the person.
o ACHPR, Article 6: Protects against arbitrary arrest and detention.
o Ethiopian Constitution, Article 17: Guarantees personal liberty.
Subsidiary Laws and Interpretations:
o UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
(1990): Require necessity and proportionality in police actions.
o UN Code of Conduct for Law Enforcement Officials (1979), Article 3: Prohibits excessive
force and mandates respect for human dignity.
Conclusion
Beating by police officers during an arrest violates multiple civil and political rights, particularly:
1. Freedom from Torture and Other Cruel Treatment (ICCPR Art. 7, CAT, ACHPR Art. 5, Ethiopian
Constitution Art. 18)
2. Rights of Arrested Persons (ICCPR Art. 9, ACHPR Art. 6, Ethiopian Constitution Art. 19)
3. Personal Integrity and Dignity (ICCPR Art. 10, ACHPR Art. 5, Ethiopian Constitution Art. 24)
4. Personal Liberty and Security (ICCPR Art. 9, ACHPR Art. 6, Ethiopian Constitution Art. 17)
These violations trigger obligations under international and domestic laws, requiring
accountability and remedies for victims.
Would you like an analysis of potential legal remedies for the victim?
