Comparing the constitutions in Ethiopia (original) (raw)
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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.
An Outline for the Study of Ethiopian Constitutional Law
International Journal of Legal Information, 2015
This outline is prepared based on the 1995 Constitution of the Federal Democratic Republic of Ethiopia (“The 1995 Constitution”). It is important to acknowledge at the outset that the 1995 Constitution cannot be studied in isolation. Like its forerunners, it is not distinctively Ethiopian, save for the customary and religious laws that it recognized. Ethiopian constitutions, both past and present, have been derived, in part, from foreign constitutions including constitutions from western and eastern countries, including Japan. Although its immediate sources can be traced back to the Charter of the Transitional Government of 1991, this 1995 Constitution was built upon the constitutions that preceded it, the laws that have been promulgated since the 1930s, and the religious and customary laws that predated it.
The Ethiopian Constitution was adopted in 1994 by an elected Constituent Assembly after the downfall of the Dergue communist regime. The Constitution establishes a federal form of government largely along ethnic lines. So far it has not been amended mainly due to the fact that the political coalition that adopted the Constitution has enjoyed uninterrupted political power. This Chapter looks at the process through which the Ethiopian Constitution was adopted, its inclusiveness and the impact on the legitimacy of the final outcome. Despite some efforts to engage a wide spectrum of stakeholders during the constitution-making process, the withdrawal of major political factions from the process not only undermined the legitimacy of the Constitution but also led to the relapse of some of the factions into a rebellion group that has damaged the unity of the nation as well as the security of its people. This Chapter furthermore identifies the main values and principles that the Constitution enshrines. In stark departure from its predecessors, the current Constitution incorporates ideals of pluralism, the rule of law, democracy and fundamental rights and freedoms. However, the increasingly authoritarian tendency of the ruling elite legalised by a spate of illiberal laws, especially after the 2005 elections, goes against the grain of constitutionalism and has undermined constitutional development. The Chapter also observes that the Constitution is not infallible, and therefore stands in constant need of completion, reassessment and revision. It concludes by raising some issues that should form part of a constitutional reform agenda through broad participation of the ordinary people. A wide and popular reconsideration of the values the Constitution represents and the institutions it establishes can ensure that the 'TPLF Constitution' becomes the 'Constitution of the people of Ethiopia'.
Human Rights under the Ethiopian Constitution: A Descriptive Overview
Mizan Law Review, 2011
This article summarizes human rights under the Ethiopian Constitution (mainly surrounding Chapter 3 of Constitution and related constitutional provisions on human and democratic rights), and forwards some insights. It, inter alia, covers various aspects of the application and interpretation of human rights provisions, limitation and derogation from protected rights, the amendment procedure and constitutional adjudicatory jurisdiction. The relevance attached to international and regional human rights instruments and their status in the Ethiopian hierarchy of laws is noted. Although there are some references to factual situations, the article primarily considers the constitutional landscape. The article thus attempts to cover a wider spectrum of issues, and its purpose is not to discuss each issue in detail, but to forward an overview and offer some insights.
The objective of this paper is to examine the place of customary and religious laws and practices in the Ethiopian constitutions. To this end, the study made comparison as to the place of those elements in the four constitutions, thereby implying the changes and continuities. As a result, the study shows that the 1995 FDRE constitution better incorporated the customary and religious laws and practices as compared to other constitutions. The 1987 PDRE constitution is also relatively good compared to the 1931 and 1955 Imperial constitutions in terms of recognizing those elements in a way that can ensure equality of all sections of the society.
This article assesses the incorporation of human rights under the legal frameworks of the three successive regimes of Ethiopia, namely the Derg, Imperial and FDRE governments. Besides, it looks into the implementation of those introduced rights. Accordingly, based on the data analyzed, the findings of the study show that human rights have been incorporated under the three successive regimes’ constitutional and other legal frameworks with a varying degree. It also identified that there have been significant differences in terms of due recognition given to human rights. The current regime is by far better in introducing as well as giving high attention to human rights. Nonetheless, violation of human rights is what the three regimes have in common, albeit the degree differs.