Judicial Recognition of Outlawed Bigamous Marriage in Ethiopian Federal Supreme Court Cassation: Legal Gap-Filling or Judicial Lawmaking?

Autor:	Jetu Edosa Chewaka
Rok vydání:	2021
Předmět:	Gap filling Sociology and Political Science Political science Law Political Science and International Relations Lawmaking International law Supreme court
Zdroj:	African Journal of Legal Studies. 13:327-348
ISSN:	1708-7384 2210-9730
DOI:	10.1163/17087384-12340066
Popis:	Bigamous marriage has been outlawed under the Family and Criminal Codes of Ethiopia despite its wide practice in Ethiopia. This article examines the legality of judicial recognition of the effects of bigamous marriage by the Federal Supreme Court Cassation and its implications for the regulation of marriage. The article reviews the substance of the current family laws in light of selected decisions of Federal Supreme Court Cassation on bigamous marriage by juxtaposing principles of legal interpretation. The article argues that the recognition of outlawed bigamous marriage by the Federal Supreme Court Cassation, even for relief purposes, amounts to an act of judicial law-making. The Court’s reasoning based on the gap-filling role of the judiciary under the guise of the necessity to address problems of bigamous marriage as a ‘social reality’ deviates from the purpose of the current rules under the family law that were deliberately designed to regulate monogamous marriage.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::68c13b5c8ac994cbb23858dabd9a9e89 https://doi.org/10.1163/17087384-12340066 Zobrazit plný text záznamu