The Binding Interpretation of the Federal Supreme Court Cassation Division: A Critical Analysis to Its’ Novelty and Rickety

  • Hirko Alemu
Keywords: Binding decision, Cassation, Cassation Division, Ethiopia, Legal System, Judicial Law making, Interpretation of Laws, Precedent


In Ethiopia, the Federal Supreme Court is endowed with the power of Cassation over any court decision, be it federal or state courts. Moreover, its’ decision is declared to be binding on courts at all levels. While many pragmatic considerations can be, and indeed have been, given for the existence of the Cassation Division under the auspices of the Federal Supreme
Court and making its decision binding, it has been found that numerous fouling factors surround the Division. Evaluated against relevant literature, legislation, interviews, and observation, the defects of the Cassation Division are proved to be so severe that if left uncorrected, they will defeat the very purpose for which the institution of Cassation was established. In this piece, these defects are critically evaluated both from theoretical and practical vantages. After pinpointing the significant shortcomings, which the author labelled as 'rickets' and explored them, this article has suggested general and specific measures that must be employed if the need is sought to rescue the FDRE Cassation Division from the menaces by which it is to be swallowed and help prove its worthiness.


Journal Identifiers

print ISSN: 2304-8239