BEGEMIDIR COLLAGE OF TEACHERS EDUCATION
CONSTITUTION & CONSTITUTIONALISM
(CiEd 323)
CHAPTER TWO
Fundamental Principles in Framing
Democratic Constitutions
1. Popular Sovereignty
It is "a doctrine in political
theory that government is
created by and subject to the
will of the people".
The citizens of the country
are in charge of the are in
charge of the government and
how it is run.
The elected persons
represents the people of their
area and their opinions.
Cont…….
refers to the holder of legitimate power, who is recognized
to have authority.
It is associated with power and legitimacy.
Sovereignty implies the power to have a final say on an issue.
For instance, the preamble of the 1995 Ethiopian For
instance, the preamble of the 1995 Ethiopian Constitution
says, “We the Nation, Nationality and Peoples...
adopted….this Constitution”, expressly providing the
doctrine of popular sovereignty, or rule by the people.
Article 8 of the FDRE Constitution provides that ultimate
political authority resides in the Nation, Nationality and
Peoples of Ethiopia.
2. Secularism
State and religion were separated after a struggle of state and
religion at different times and political situation in the world
history.
Currently, most nations follow the principle of the separation
of state and religion- secularism in their constitutions.
For example in the FDRE constitution of Ethiopia, state
and religion are separated.
Article 11 of the constitution states that:
A. State and religion are separated
B. There shall be no state religion
C. The state shall not interfere in religious matters and
religion shall not interfere in the state affairs.
3.Separation of State power
All const’nal democracies use separation of powers as an
important means of limiting the exercise of political power.
It is the division of power among the organs and layers of
government.
It is designed to protect the people from a It is designed to
protect the people from a concentration of power, and the
ability of individuals or groups to manipulate government for
personal gain.
Each organ has primary responsibility for certain functions
such as legislative, executive, and judicial functions.
However, each branch also shares these functions with the
other branches.
Eg: US Constitution
4. Check and Balance Systems
Each organ of government should have adequate power to
check the powers of other branches.
These are constitutional mechanisms by which each branch of
government shares power with the other branches so that no
branch can become absolute.
Each branch "checks" the others, because it is Each branch
"checks" the others, because it is balanced against another
source of power.
Checks and balances may include the power of “judicial
review”
The power of courts to declare actions of other branches of
government to be contrary to the constitution and therefore null
and void.
Cont…….
The system of checks
and balances is designed
to keep one branch of
the government from the
government from
getting to much power.
It reduces the tendency
towards absolutism
5. Independence of the Judiciary
It is the ability of a judge to decide a matter free from
pressures or inducements.
Additionally, the institution of the judiciary as a whole
must also be independent by being separate from
government and other concentrations of power.
The principal role of an independent judiciary is to uphold
the rule of law and to ensure the supremacy of the law.
Judicial review allows for the Judicial Branch to decide on
punishments that government officials deserve.
Cont…….
If the President broke the
law the Judicial review
allows for a court to
decide what consequences
the president deserves to
have.
No government official is
above the law of the
citizens.
6. The Rule of Law
All persons are entitled to the equal protection of the law.
They are free from discrimination based on gender, age, race,
ethnicity, religious beliefs, class or socio-economic status.
In almost all countries, the concept of the rule of law has
been reflected either in their constitutions or statutes.
There are two aspects of the rule of law.
First, the law should govern the people and the people
should obey the law.
Second, the law must be capable of being obeyed /good
laws/.
Individual rights to life, liberty, and property are protected
by the guarantee of due process of law.
7. Human and Democratic Rights
Protection of certain basic or fundamental rights is the
primary goal of government.
These rights may be limited to life, liberty, and property,
or they may be extended to include such economic and
social rights as employment, health care and education.
Documents such as the UDHR, the United Nations
Convention on the Rights of the Child, and the African
Charter on Human and People's Rights enumerate and
explain these rights.
8. Freedom and Equality
A democratic constitution protects individual freedoms and
promotes equality.
A. Freedom
1. Personal Freedom
Freedom of Religion.
Freedom of conscience and of worship is protected and
individuals are free to profess no religious beliefs.
Freedom of Opinion and Expression
Everyone has the right to freedom of opinion and expression
and the right to seek, receive, and imparts information and
ideas through any media.
Cont…….
Freedom of Association.
Individuals are free to associate with other individuals
and groups free from government interference or
intimidation.
Right of Privacy
The government recognizes that there is a private realm
into which it may not unreasonably and unfairly intrude.
Freedom of Movement
Individuals have the right to freedom of movement and
residence in their own country.
Cont…….
Political, Economic, and Legal Equality for Women.
Women are accorded the same political, economic, and
legal protections as those accorded to men.
The Rights of the Child
Everyone should recognize the rights of the child and
strive for their observance United Nations Declaration of
the Rights of the Child.
Cont…….
2. Political Freedom
Freedom of Speech
Citizens are free to debate the actions and policies of their
elected officials, and to express their thoughts about politics,
art, religion or any other topic without fear of recrimination.
Freedom of Press
Individuals have access to information from independent
publishers, radio, television, and other means of
communication which is free from censorship by government.
Right of Peaceful Assembly
The right to peaceful assembly is free from restrictions,
except those necessary for the protection of the rights and
freedoms of others.
Cont…….
3. Economic Freedom
Freedom from Slavery and Serfdom
Individuals are protected from all forms of forced labor, and children
and young persons are protected from social and economic exploitation.
Right to Acquire and own Property
Individuals have the right to acquire and own property.
Freedom to Choose one's Work
Individuals are free to choose their own work and to establish private
businesses free from unfair or unreasonable government regulation.
Right to join Labor Union
Individuals have the right to strike and the right to persuade others to
join unions without fear of intimidation.
Cont…….
B. Equality
A constitutional democracy promotes
Political Equality
All citizens are equally entitled to participate in the political
system.
Equality before the Law
The law applies to the governors as well as the governed. The
law applies to the governors as well as the governed.
Economic Equality
Constitutional democracies provide citizens the right to an equal
opportunity to improve their material wellbeing.
Some constitutional democracies try to eliminate gross wealth
disparities.
e.g welfare programs.
9. Justice
A constitutional democracy promotes
A. Distributive Justice
Fair distribution of the benefits and burdens of society.
B. Corrective Justice
Fair and proper responses to wrongs and injuries.
C. Procedural Justice
The use of fair procedures in the gathering of
information and the making of decisions by all
agencies of government and, most particularly, by law
enforcement agencies and the courts.
Civil and criminal procedures adequately protect the
rights of individuals and the interests of the society.
THANK YOU
A government big enough to give
you everything you want, is a government
big enough to take from you everything you have.
(Thomas Jefferson)
