Justiciability of Directive Principles of State Policy: The Experience of Ethiopia and Ghana (original) (raw)

Directive Principles of State Policy were incorporated in some African constitutions in lieu of justiciable economic, social and cultural rights. A growing trend in international and comparative law shows that human rights are indivisible and that economic, social and cultural rights are justiciable. However, the artificial division of constitutional rights between economic social and cultural rights, and civil and political rights seems to continue until constitutional reforms or revisions take place. Until such a time, constitutional interpretation provides a provisional solution. Like some other constitutions, Ethiopian and Ghanaian constitutions have chapters on Directive Principles of State Policy containing duties that flow from recognizing economic, social and cultural rights. It is not clear from the text of both constitutions whether these principles can be enforced in courts. The Supreme Court of Ghana has held that they are justiciable although the Court has not gone further to determine some outstanding issues such as jurisdiction, standing and remedy for their violations. The Ethiopian House of Federation so far has not come up with similar temporary solution. Therefore, Ethiopia as well as other African countries can draw lessons from the Ghanaian experience to abolish the artificial distinction between constitutional rights and increase horizontal accountability of government branches.