UNIT-3-CONSTITUTIONALISM
3.1. Understanding constitution
constitution is a fundamental document that contains the basic laws of a country. It is the most fundamental
or supreme law of a state that underlines the existence of the state. Constitution is the aggregate of laws, customs,
conventions, principles, rules and regulations by which a particular government of a country implements its
administrative activities. It is a fundamental document that defines the nature of government and its functions, the
rights and duties of citizens.
Types of constitution
Written constitution:
written constitutions are constitutions that exist in a single document or in a codified form.
Advantages of written constitution
Written constitution has different advantages. It is easily accessible to citizens. Citizens can get written
constitutions in different ways, for instance, from the library, from other individuals, from online, or buy from
bookshops. Written constitution also enables citizens to easily learn about their rights and duties. One of the
main purposes of the constitution is to define the rights and duties of citizens. So, in the case of written
constitution citizens can have the chance to refer the rights guaranteed to them by the constitution.
Disadvantages of written constitution
Written constitutions have limitations mainly in terms of its rigidity. Compared to the unwritten constitution, it
is not as such easy to improves in the changing circumstances.
Unwritten constitution:
unwritten constitution is a constitution that is not found in a single written document. Instead, it exists in
terms of customs and conventions.
Constitutional experiences of Ethiopia
Traditional constitutional experiences of Ethiopia
Prior to 1931, Ethiopia did not have a compiled written constitution. The traditional constitutional experience
was characterized by the dominance of myths and legends that were used to provide legitimacy to the
monarchs rather than ensuring the basic rights and freedoms of citizens.
The Kibre Negest (Glory of kings),
Fetha Negest (Law of Kings)
Sirate Mengist is the other important document that emerged in the 19 thc that proved to be administrative and
protocol directive of the government. In general, during this time there was no opportunity for the Ethiopian
people to participate in political affairs and to influence the decision making processes of their government.
i. The 1931 written constitution
In Ethiopia the first written constitution was introduced in 1931. The Emperor was motivated to
introduce his first written constitution mainly for two reasons. The first one was the Emperor’s high aspiration to
show Ethiopia as a modern or civilized state to the external world. The second reason was, to consolidate
emperor’s absolute power over local nobilities through a formal constitutional framework.
This constitution has 7 chapters and 55 articles.
ii. The Revised Constitution of 1955
Twenty years later after the adoption of the first constitution, the imperial regime revised its constitution in
1955 mainly for the most basic reason which was the federation of Eritrea with Ethiopia in 1952.
The 1955 revised constitution has 8 chapters and 131 articles.
This constitution come up with some progressive provisions such as democracy and human rights, giving
recognition for the rights and duties of citizens. The new provisions introduced by the revised constitution
remained paper-tiger. That means they were not mostly practical. The power of the Emperor and the prominent
officials was not limited. The democratic and human rights of citizens were not guaranteed. Rather, this
constitution is similar with the 1931 constitution in consolidating the absolute power of the emperor.
iii. The 1987 Constitution of the People’s Democratic Republic of
Ethiopia (PDRE)
In 1974, the feudal monarchy or the Imperial Regime was removed from power by the Derg military regime.
The Derg regime introduced different decrees and proclamations which had not constitutional status until the
adoption of the 1987 constitution. The introduction of socialism as the guiding ideology of the military regime
brought totally new direction economically, socially, politically, psychologically, etc.
In 1987 the government promulgated its own constitution. This constitution has 17 chapters and 119 articles.
The 1987 PDRE constitution also introduced the idea of secularism or the separation of state and religion for
the first time in Ethiopia. During the imperial regime there was no separation of state and religion or secular
system of government.
The constitution testifies that the state is strictly unitary type where there is high centralization of power in the
hands of executive dominated by the president of the state (Colonel Mengistu Hailemariam). This unitary
socialist state by constitution gave a very little concern for human rights and federalism.
Finally, after staying on power for 17 years, the Derg regime led by Colonel Mengistu Hailemariam was
overthrown by the Ethiopian people’s Revolutionary Democratic Front (EPDRF) in May 1991.
iv. The Transitional Charter of the 1991
The 1991 Transitional Charter was introduced in May 1991 by EPRDF after the demise of the Derg regime.
The charter served as law of the land for the transitional period from 1991 up to 1995. It is a very short
document that addressed only some fundamental issues. It contains only 20 articles. The charter recognized
freedom, equal right and self-determination of all nationalities. It also puts high premium on human rights.
v. The 1995 Federal Democratic Republic of Ethiopian (FDRE)
Constitution
The period of Transitional Charter was culminated by the adoption of FDRE constitution in December 1995.
The 1995 FDRE constitution introduced different changes as compared to its predecessors. It introduced a
federal state structure for the first time, parliamentary democracy, and the establishment of the two houses of
parliament: House of Federation and House of People Representatives. It also guarantees the rights and
freedoms of citizens as well as describes the duties of the citizens.
The 1995 constitution has a preamble and 11 chapters with 106 articles. The constitution established the
Federal Democratic Republic of Ethiopia with nine member states or National Regional governments.
However, the total number of regional states increased to 11 due to the formation of two new regional states,
Sidama Regional State in June, 2020 and South-West Ethiopia Region in November 2021. Governments of the
member states have the power to exercise legislative, executive and judicial powers in their own rights.
The fundamental Constitutional Principles of the 1995 FDRE
Constitution
The 1995 FDRE constitution has the following fundamental constitutional principles. These are:
A. Popular sovereignty (Article 8)
B. Supremacy of the Constitution (Article 9)
C. Respecting Human and Democratic Rights (Article 10)
D. Secularism or separation of state and religion (Article 11)
E. Transparency and Accountability of Government (Article-12)
Importance of Constitutionalism
Realizations of human rights of citizens
Controlling the abuse and misuse of powers of government
Prevalence of rule of law
Key words
Popular sovereignty: the ultimate or supreme power of the people
Respect for human rights: the human rights of individuals or groups must be respected by both
government and ordinary citizens
Rigid constitution: A constitution that requires special or difficult procedures for the amendment process
Rule of law: refers to every one an act according to the rule of law and no one is above the law.
Separation of power: distributions of power among the three branches of government such as legislative,
executive and judiciary organs for check and balance of power.
Transparency: the condition in which the conducts and actions of government officials shall be open or
transparent to the public.
Unitary constitution: A constitution that centralizes all state power at the central government.
Unwritten constitution: unwritten constitution is a constitution that is not found in a single written
document.
Written constitution: A written constitution is a constitutions that exists in a single document or in a
codified form.
Write review question
