DISTINGUISHING LIMITATION ON CONSTITUTIONAL RIGHTS FROM THEIR SUSPENSION: A COMMENT ON THE CUD CASE

Abstract

Suspension of and limitation on fundamental rights and freedoms are
justified violations of constitutional rights. Temporary suspension of some
fundamental rights and freedoms can be made on the ground of a state of
emergency. Since most constitutional rights are not absolute, they can be
limited on basis of national security, public safety, public moral, public
order, public health, and similar grounds. Although both suspension and
limitation should comply with the requirements of necessity and
proportionality, they are completely different in their conception and
application. However, the Council of Constitutional Inquiry failed to
distinguish suspension of constitutional rights from their limitation in CUD
v Prime Minister Meles Zenawi Asres. The Council mistakenly held that
declaration of the Prime Minister constituted limitation on right of
assembly, demonstration and petition. Given its nature and the short period
for which it lasted, the declaration should have appropriately held to
constitute suspension of those rights.