Journal of African Studies and Development Re-examining the philosophy of constitutionalism and Governance in the Gadaa Republic of the Oromo People in the Horn of Africa (original) (raw)
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Full Length Research Paper , 2020
Constitution and government are the different faces of the same coin in any political ideology; since a constitution is an instrument through which a government governs its citizens. However, a constitution may be either a democratic one; or an undemocratic one. Accordingly, the legitimacy of a constitution is based on its making process, contents, and practices in a certain state. Thus, if its making process is participatory; if it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is a legitimate constitution, if not it is an illegitimate one. Consequently, this paper seeks to reexamine the extent of constitutionalism in the Gadaa Republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the constitution-making process, contents, and practices of the Gadaa Constitution to ensure constitutionalism. To achieve its purpose, this study has employed a qualitative methodology which includes a review of related literature, and analyses of legal documents. The findings of this study have pointed out that in the Gadaa Republic of the Oromo, the sovereign political power vests in the hands of the people, and the rule of law is well respected in the Gadaa Republic of the Oromo people. Consequently, the principles of constitutionalism are well recognized in the Gadaa Republic. Hence, this paper has recommended that it is better to mold these Gadaa oriented principles to the status of the modern constitutional principles in Ethiopia.
In sub-Saharan African countries where democracy and rule of law are proclaimed but in several circumstances not translated into practice, it appears vital to look into alternatives that can fill governance deficits. It is against this backdrop that ''Old Wine in New Bottles: Bridging the Peripheral Gadaa Rule to the Mainstream Constitutional Order of the 21st Century Ethiopia " came into focus. The main objective of this article is, therefore, to respond to the search of alternative solution to hurdles democratization process, Africa as a region as well as Ethiopia as a country faces, through African indigenous knowledge of governance, namely the Gadaa System. Accordingly, institutional and fundamental principles analyzed in this article clearly indicate that indigenous system of governance such as the Gadaa System embraces indigenous democratic values that are useful in 21 st century Ethiopia. In sum, three main reasons support this article: first, in Africa no system of governance is perfectly divorced from its indigenous institutions of governance; second, indigenous knowledge of governance as a resource that could enhance democratization in Ethiopia should not be left at peripheries; and third, an inclusive policy that accommodates diversity and ensures the advancement of human culture appeals. * LL.B (Haromaya University); MPhil(Universiteti Tromsø, Norway); Researcher at the Institute of Indigenous Studies and lecturer in law at School of Law, Dilla University. He can be reached at: zelalem.tesfaye430@gmail.com. I would like to thank all of my informants and specially Borbor Bule for his incredible historical accounts and narration of the Gadaa system among the Borana.
Constitution, constitutionalism and foundation of democracy in Ethiopia
This paper tries to explain constitution, constitutionalism and foundation of democracy in Ethiopia. To this end, the main purpose of this paper is to explain the new democratic constitutional process in Ethiopia. The paper has three parts. Part one is largely dealt about the constitution and constitutional development in Ethiopia. It deals with the ancient and medieval traditional unwritten constitution of Ethiopia, namely Kibre Negest, Feteha Negest and Serate Mengist; and the modern written constitution of Ethiopia since 1931 to the present FDRE constitution. The second part of this paper deals with constitutionalism; mainly a comparison of past (monarchical constitution i.e. 1931 constitution, 1955 revised constitution, and the 1987 PDRE constitution) and present i.e. the 1995 FDRE constitution. The third part deals with democracy in Ethiopia.
AVRUG-bulletin, 2010
This article describes the making of the 1995 constitution of the Federal Democratic Republic of Ethiopia (FORE) and analyzes its implications for legitimacy. It contends that legitimacy of the constitution, which fosters fidelity to it, can-as one among other factors-help bridge the gap between constitutional design and constitutional practice. By making a process-content-context analysis of the constitution, it argues that the Ethiopian constitution which had a weak original legitimacy, can earn a derivative legitimacy through aggressive implementation. Aggressive implementation, it is maintained, demands fidelity to the constitution. Fidelity and other components of a redemptive constitutional practice (such as creative constitutional interpretation, constitutionally informed legislation, positive constitutional amendment, and constitutionally responsible voting) help deal with the perennial question of how to bridge the gap between constitutional design and constitutional practice in Ethiopia and beyond.
Resurrecting the Tenets of Rule of Law in the Classical Gadaa Democracy in the Ethiopian Federation
Jimma University Journal of Law, Volume14, 2022
The objective of this Article is to evaluate whether or not the tenets of rule law in classical Gadaa democracy can be utilized in the present Ethiopian multinational federation. Across the world, rule of law has been recognized as a symbol of good governance; and the antithesis of arbitrary rule in modern democracies. Many constitutions in the present world incorporate the elements of rule of law either directly or indirectly in their contents. The 1995 FDRE Constitution has recognized rule of law as a stepping-stone to building a political community to ensure lasting peace, guaranteeing a democratic order, and advancing economic and social development. Nevertheless, the elements of rule of law have transplanted from the western democracies in Ethiopia in particular and in Africa in general. But this Article has put its emphasis on exploring the compatibilities of the tenets of rule of law in the classical Gadaa democracy with the modern principles of rule of law and constitutionalism. Additionally, it has analyzed the extent to which the Gadaa brand of rule of law is consistent with the present multinational federal-based state structure in Ethiopia and beyond. The findings of this Article have pointed out that the principles of rule of law embedded in the classical Gadaa democracy are compatible with the modern principles of rule of law.
Research Article , 2014
Federations vary in the crafting of their constitutions. These variations range from those federations whose constitutional distribution of power is too comprehensive, including details normally articulated in ordinary legislation, to those federations whose constitutions endeavor to demonstrate the major tasks of government in a holistic manner. In those federations which follow the latter trend, only the major issues are stated in their constitutions. The Ethiopian practice resembles the second model. After incorporating major issues explicitly, the FDRE Constitution leaves the details to be determined by ordinary legislation. The same arrangement is observed in regional states' constitutions. The issue, therefore, is who has the mandate to determine the details through legislation: the federal or regional governments? This article explores how the Constitution provides in what manner the particulars shall be determined by law and attempt to indicate who has the mandate to do that.