行使分离权的宪法障碍及关于将其纳入埃塞俄比亚宪法的争论

IF 0.9 3区 社会学 Q2 LAW
Teshale Shambel
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引用次数: 0

摘要

自决权是埃塞俄比亚宪法规定的人权之一。它也是《公民权利和政治权利国际公约》和《经济、社会、文化权利国际公约》以及各国宪法所规定的权利之一。与世界上许多其他人权文书和宪法不同,埃塞俄比亚宪法包括无条件的分离权,作为该国每一个种族群体(国家、民族和人民)自决的一部分。正如许多学者所争论的那样,将无条件分离作为自决权的一部分纳入埃塞俄比亚宪法是基于一种错误的叙述,即该国的民族、民族和人民受到压迫。因此,它成为精英之间的政治争论点,并成为该国不同政党之间观点分歧扩大的主要原因。当然,在宪法中,有可能阻碍行使这一权利的障碍。因此,本研究定性地分析了分离的不可行性以及将其纳入埃塞俄比亚联邦民主共和国宪法的叙述的不可接受性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Constitutional Hurdles to Exercise Secession Right and Arguments on its Inclusion in the Ethiopian Constitution
Abstract The right to self-determination is one of the human rights enshrined under the Ethiopian constitution. It is also one of the rights mentioned under ICCPR and ICESCR as well as the constitutions of different countries. Being unique to many other human rights instruments and constitutions in the world, the Ethiopian constitution includes the unconditional right to secession as a part of self-determination for every one of the ethnic groups (nations, nationalities, and people) in the country. As argued among many scholars, the inclusion of unconditional secession as a part of self-determination right in the Ethiopian constitution was based on the wrong narrative that nations, nationalities and people in the country were oppressed. Thus, it is a point of political debate between elites and became the major cause of widening the divergence among views of different political parties in the country. Of course, within the constitution, there are hurdles that can potentially deny exercising of this right. Therefore, this study qualitatively analyses the impracticability of secession and unacceptability of narratives to its inclusion in the constitution of the federal democratic republic of Ethiopia.
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来源期刊
CiteScore
1.70
自引率
10.00%
发文量
8
审稿时长
8 weeks
期刊介绍: The Journal of Legal Studies is a journal of interdisciplinary academic research into law and legal institutions. It emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The JLS was founded in 1972.
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