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Mizan Law Review

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Trust and Distrust Approaches in the Constitutional Lawmaking of Rural Land Rights in Ethiopia: Nature, Drafting and Implications

Brightman Gebremichael

Abstract


Although rural land rights are recognized in the 1995 Constitution of the Federal Democratic Republic of Ethiopia (FDRE), the academic discourse and policy dialogues on the issue are still underway. However, these dialogues do not comprehensively cover the provisions in the Constitution concerning rural land rights, the modus operandi in the drafting approaches of the provisions and their legal implications. Hence, by analyzing the different sections and articles of the Constitution, this article seeks to examine the extent to which rural land rights are defined in the Constitution and the legal implications of its constitutional recognition. This article examines the compatibility of the approach adopted by Ethiopian Constitution makers with the Trust and Distrust approaches propounded by Rosalind Dixon for drafting of constitutional provisions on rural land rights. Dixon’s view is reviewed before considering it in relation with compatibility issues.

Key terms

Rural land rights · Constitutional drafting · Nature of land rights · Ethiopia




http://dx.doi.org/10.4314/mlr.v12i2.5
AJOL African Journals Online