Briefing Document: Interpretation of Laws and the Ethiopian Legal System

Executive Summary

Interpretation of law is the process of discovering the true meaning and intended signification
of legal language where it is unclear. Because language is inherently susceptible to ambiguity
and vagueness, interpretation is an indispensable function of the legal field.

This document synthesizes the various theories, types, and rules of legal interpretation, with a
specific focus on the Ethiopian legal framework. Key takeaways include:

• The Distinction Between Interpretation and Construction: Interpretation finds the

sense intended by the author, while construction draws conclusions regarding subjects
lying beyond the direct text to resolve contradictions.

• Methodological Approaches: Systems typically employ a mix of grammatical (literal) and

logical (intent-based) interpretation.

• Ethiopian Constitutional Framework: Unlike many systems that empower ordinary

courts, Ethiopia grants the power of constitutional interpretation to the House of
Federation, assisted by the Council of Constitutional Inquiry.

• Regulatory Lacuna in Ethiopia: Ethiopia lacks officially published general rules of

interpretation; consequently, judges often apply provisions from the Civil Code regarding
the interpretation of contracts (Articles 1731–1737) by analogy to interpret statutes.

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1. Conceptual Foundations of Interpretation

1.1 Definition and Purpose

Interpretation is the art of expounding the intended meaning of the language used by
lawmakers. It is required when laws are not sufficiently clear to address their intended
purposes. The process involves a search for the "soul" of the law, ranging from finding the literal
meaning of words to ascertaining the broader intention of the legislator.

1.2 Interpretation vs. Construction

While often used interchangeably, these terms possess distinct legal meanings:

• Interpretation: The process of finding the true sense of words as intended by the author.
It occurs when the text conveys a specific meaning.
 • Construction: Resorting to elements known from the text to draw conclusions regarding
subjects that lie beyond the direct expressions. It is typically used when different parts of
a text or different enactments by the same body contradict one another.

1.3 Factors Necessitating Interpretation

The need for interpretation arises from three primary deficiencies:

• Language Inherent Defects: Words are naturally susceptible to ambiguity and

vagueness.

• Drafting Errors: Careless or incompetent draftsmanship increases difficulties in practical

application.

• Legislative Foresight Limits: Lawmakers cannot anticipate every future circumstance;

therefore, they use general language to allow laws to accommodate new developments.

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2. Types and Categories of Interpretation

Interpretation is classified based on either the method employed or the body performing the
task.

2.1 By Method

• Grammatical (Literal): Seeking meaning in the actual words used, understood in their
ordinary and natural sense (litera scripta).

• Logical: Departing from the letter of the law to seek evidence of legislative intention
elsewhere (sententia legis).

2.2 By Interpreting Body

• Doctrinal Interpretation: Performed by legal scholars in books, reviews, and classrooms.

Its primary use is to influence court decisions through commentary. In Ethiopia, the lack
of reported cases has historically limited the development of "doctrinal custom."

• Judicial Interpretation: Conducted by judges to decide specific cases. When these

interpretations are consistent, they may become "settled" case law or judicial custom.

• Legislative Interpretation: Performed by the lawmaker. Modern statutes often include

"definitional provisions" (typically Article 2 in Ethiopian Proclamations) to clarify terms
from the outset.

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3. Tools for Statutory Interpretation

Common Law systems utilize two primary tools to determine statutory meaning: Canons of
Construction and Legislative History.

3.1 Canons of Construction

These are judicially crafted maxims intended to limit judicial discretion by providing shared
principles for reading text.

Canon Description

Statutes relating to the same subject matter should be

In Pari Materia
construed together.

General language is limited by the specific phrases preceding

Ejusdem Generis
it.

Expressio Unius est Exclusio

Explicit exceptions are deemed exclusive of all others.
Alterius

The meaning of a word is judged by the company it keeps

Rule of Noscitur a Sociis
(contextual).

Penal and criminal statutes are to be read narrowly in favor of

Strict Construction
the accused.

Remedial statutes are to be read broadly to achieve their

Broad Construction
purpose.

3.2 Legislative History

This involves examining the documentation produced during the legislative process, including:

• Committee reports, hearings, and mark-up transcripts.

• Transcripts of floor debates.

• Executive signing or veto statements.

Note: While some critics argue legislative history is an unreliable substitute for the actual text,
many judges use it to understand the context and purpose of a statute.

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4. Constitutional Interpretation in Ethiopia

Constitutional interpretation differs from statutory interpretation due to the constitution’s
nature as a "charter of government."

4.1 Institutional Framework

• The House of Federation (HoF): Empowered by Articles 62(1) and 83(1) of the FDRE
Constitution to interpret constitutional issues.

• Council of Constitutional Inquiry: A body largely composed of legal professionals that

assists the HoF by providing professional legal analysis.

4.2 Theories of Intent

• Framers' Intent: Focuses on the purposes of those who drafted the document.

• Ratifiers' Intent: Focuses on the electorate and representatives who approved the
document, arguing that their approval is what gives the words binding nature.

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5. Rules and Techniques of Interpretation in Ethiopia

Ethiopia lacks a formalized, published set of general interpretation rules. To fill this lacuna,
scholars and practitioners often rely on the Civil Code of 1960.

5.1 Analogy to Contract Law

Articles 1733–1737 of the Civil Code, which govern the interpretation of contracts, are applied
by analogy to the interpretation of laws. Under this framework, the "intention of the contracting
parties" is replaced by the "intention of the legislator."

5.2 Resolution Strategies for Legal Deficiencies

Situation Interpretative Action

Departure from the text is forbidden unless the literal application causes
Clear Law
an absurdity.

Contextual Interpretation: The whole law must be read to choose the

Ambiguity/Vagueness
meaning that fits the subject matter.

Historical Interpretation: Searching for the "true intention" through

Unclear Intent
research works and draft discussions (expose de motif).
 The judge cannot refuse to pass judgment (denial of justice). They may
Total Silence
refer to drafts, previous judgments, or foreign practices.

Logical Interpretation: Includes A Pari (same status), A Fortiori (stronger

Partial Silence
reason), or A Contrario (reasoning to the contrary).

5.3 Conflict Resolution Rules

When provisions are inconsistent, the following hierarchy is applied:

1. Hierarchy of Law: The higher-level law (e.g., Constitution) prevails over lower-level law
(e.g., Proclamation).

2. Recentness of Law: A later law prevails over an earlier law of the same hierarchy (ex
posterior derogate priori).

3. Specificity of Law: Special rules prevail over general rules (lex specialis derogate
generalis).

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6. Judicial Application: Case Analysis

6.1 Orbis Trading v. Ministry of Finance (Civil Appeal 1436/80)

• Issue: Whether a Council of Ministers order regarding tax evidence for the "sale" of
property applied to money held in bail.

• Outcome: The Supreme Court refused to apply a wider interpretation beyond the literal
words of the order. It determined the order applied to the "sale" of assets, not to funds
held in bail by a court order.

6.2 Shbru Kelecha v. Siraji Ali (Civil Appeal 73/81)

• Issue: Resolving a discrepancy between the Amharic and English versions of the Civil
Code regarding evidence for sales transactions.

• Outcome: The dissenting opinion highlighted a core principle in Ethiopian law: where
versions conflict, the Amharic version prevails. This case underscores the necessity of
linguistic interpretation when reconciling bilingual legal texts.