Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
19671 LEGAL SYSTEMS<br />
cery. 6 2 This prerogative may be considered to survive notwithstanding<br />
the establishment of a court system, since it does not directly<br />
interfere with the power of the courts to decide cases before them. 263<br />
In any event, review in chilot is exercised in accordance with the<br />
sovereign's traditional prerogative to see that justice is done. Review<br />
is discretionary, 264 and most significantly, the Emperor is not bound<br />
to decide the cases in accordance with the strict law, as are the<br />
courts. 265 "Justice" may require that in certain cases the strict law be<br />
disregarded. Thus, the English King was not bound by the common<br />
law in the Curia Regis, and, as we know, the Court of Chanceryestablished<br />
pursuant to the King's prerogative-developed an entirely<br />
separate body of law, founded on concepts of "equity, justice and good<br />
conscience.<br />
'26 6<br />
www.abyssinialaw.com<br />
It is this latter aspect of chilot jurisdiction that is extremely important<br />
today. Cases have been reported where the Emperor granted<br />
relief where such relief was not available under the law. 2 17 The existence<br />
of chilot provides a sound device by which the impact of the<br />
new law can be cushioned during the transitional period. The concept<br />
of the Emperor as the ultimate source of justice is very strong in<br />
Ethiopia. If the Emperor decides that the law should not be applied<br />
in a particular case, this will be accepted. Because the Emperor made<br />
the decision, the litigant who has the stronger case under the law will<br />
not feel that he has been unjustly treated. The courts must decide<br />
cases under the law to prevent any impression that they are acting<br />
arbitrarily and cannot be authorized to disregard it. The existence of<br />
chilot serves to reduce the pressure on the courts to disregard the law<br />
where the application of the law in a particular case would appear to<br />
produce a harsh result. The courts can decide the case in accordance<br />
262 See Sedler, supra note 259, at 61-66.<br />
2 63 As to the vesting of judicial power in the courts, see EnOimx PE vs<br />
CoasT. art. 108. For a complete discussion of the constitutionality of chilot, see<br />
Sedler, supra note 259, at 66-69.<br />
264 Al persons have the right to submit petitions to the Emperor. E-nIopimn<br />
REVISED CoNsT. art. 63. But since the exercise of jurisdiction in chilot is based<br />
on the Emperor's sovereign prerogative to see that justice is done, he has the<br />
prerogative to decline to hear the case. See Seder, supra note 259, at 69-70.<br />
265 As to the duty of the courts to decide cases in accordance with the law, see<br />
E'n opImu REEs CoNsT. art. 110.<br />
266 See Sedler, supra note 259, at 71.<br />
267 A famous case involved the situation where a man persuaded a woman to<br />
sleep with him and paid her Eth. $5 for the night. They continued to live<br />
together, but were not married and did not hold themselves out as man and wife.<br />
The man paid her nothing more and turned her out. Although the woman was<br />
not entitled to any relief under the law, it is reported that the Emperor ordered<br />
the man to pay her Eth. $5 for each day spent with him. See id. at 71-72.
Change language