Hawassa University Civic Chap 5 - @HU - University
Hawassa University Civic Chap 5 - @HU - University
Hawassa University Civic Chap 5 - @HU - University
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Chapter Five
Constitution, Democracy and Human Rights
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• In other words, constitution refers to body of rules
and laws, (written or unwritten) that determine the
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common elements.
• From Magna Carta of 1215 to today, constitutional
documents and traditions take the general form of a
contract or an agreement between the ruled and the
rulers.
• constitution has distinctive features that distinguish it
from any other laws. These are:-
a) Generality
b) Permanency
c) Supremacy
d) Codified document 5
a) Generality:
• a constitution provides the general principle of a
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b) Permanency:
• unlike laws constitution is made for undefined
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period of time.
• That means constitution serve for a long lap of
ages.
• It is purposely made to be stable and permanent.
• It is made to be stable, i.e., not to be worked
upon by the temper of the times or to rise or fall
with the occasional events.
• On the contrary, other laws are tentative,
occasional and in the nature of temporary
existence. 8
c) Supremacy:
• Constitutions are laws about the political procedures
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functions of constitution?
• The following are some of the major purposes and
functions of constitution.
1. It serves as a framework for Government:
• This means that the constitution of state is a plan for
organizing the operation of government which in turn
effectively guides the functions and powers of the
executive, legislative and judicial bodies of
government.
• In other words, it is a brief and a general outline of
duties and rights of governments and also that of
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citizens.
2. It Limits the Powers of Government:
• In a constitutionally limited government, officials are
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6. Constitution services as a Blue Prints for establishing Values
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and Goals:
• In a constitution there is also an ideological aspect of constitution
making where the people truly aspired for it.
• In such a situation, it would be a common belief of the constituent, or
at least, their leaders, what the envisioned state should be geared
towards providing the people either as citizens or as members of any
organization.
• This sort of positive declaration also usually has a way of offering
bearing to the operation of the constitution as well as affording the
subjects the parameter for assessing them.
• It, therefore, seeks to invest for unifying political values.
• As such, the fundamental aims (objectives) and principles are
described or accomplished explicitly in preambles to constitutional
documents, which often function as statements of national ideals and
values. 17
5.1.4. Classification of Constitutions
• Constitutions are classified into different categories using
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different criteria.
• These criterion include:-
Forms of constitution ,
Amendment procedure and
Degree of implementation/practice,
• constitutions can be classified into the following
categories.
A. Constitution based on form
• Constitutions, in view of the breadth (Extent) of written
provisions, have been described as written and unwritten
constitutions. Or based on form/appearance constitutions
can be classified as written and unwritten. 18
1. Written Constitution
• A written constitution is one whose provisions are
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written in detail.
• A written constitution is one in which most of the
provisions are embodied (come together) in a single
formal written instrument or instruments.
• It is a work of a conscious art and the result of
deliberate effort to lay down a body of fundamental
principles under which a government is organized and
conducted.
• Thus, written constitution is a formal document that
defines the nature of the constitutional settlement, the
rules that govern the political system and the rights of
citizens and governments in a codified form. 19
• It exists in a single document containing the
fundamental laws and principles specifying
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• Demerits of Unwritten Constitution
Since it is not compiled in to a single document, it is not
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1. Federal Constitution: Federal constitution is one that
distributes power among the different units of a state
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administration.
• But the model that is followed by constitutions in
distributing state power differs from each other.
• Some constitutions purely classify and decentralize power
between the central government and regional/local units
and such constitutions are referred as federal constitutions.
• In many states, for example, the United States of America,
Canada, Australia and Malaysia, there exists a division of
powers between central government and the individual
states or provinces which make up the federation.
• The powers divided between the federal government and
states or provinces will be clearly set down in the
constituent document. 32
2. Unitary Constitution: In unitary constitution
state power is concentrated in the hands of the
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central government.
• The central government can establish or abolish
the lower levels of government; determine their
composition, and their power and functions.
• In this case the local government has no guarantee
for their existence.
• Powers and responsibilities are delegated to them
by the central government. The constitution of the
unitary state presents a very different arrangement
from constitution of federal state outlined above.
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5.2. Constitutionalism
• Constitutionalism refers to a doctrine that governments
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monarchical rule.
• However, the rights and obligations of the Crown and its
subjects were not spelled out in a written secular constitution.
• Instead, there was developed by monks of the Church an
elaborate set of codes rooted in an Ethiopian national epic
(grand).
• Despite the fact of existence of constitutionally significant
documents in traditional Ethiopia, no written constitution in the
modern sense formed the basis for the constitutional process.
• Thus, documents like the Kebra Nagast, the Fatha Nagast and
serate mengest from the 13th Century until the early 20th
Century were the precursors (ancestors) to the formal written
Ethiopian national constitutions of the modern era.
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Fetha Negest
• The Fetha Negest (The Law of Kings) was a religious
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Ser’ate Mengist
• Ser‘ate Mengist was another traditional document of the
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constitution of 1955.
• There were collections of social and political events that
urged the revision of the 1931 constitution.
• The revision of the 1931 constitution was urged by both
internal and external factors.
• The Revised Constitution continued to reinforce the
process of centralization.
• The sketchy provisions regarding the powers and
prerogatives of the Emperor were extensively elaborated
in the new Constitution.
• The Constitution spent one chapter settling the issue of
succession on the rule of male primogeniture (inheritor).
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• Detailed provisions vested in the Emperor wide powers over the
military, foreign affairs, local administration and so forth.
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• These were the federal act and the Eritrean constitution. The
federal act was a document that specified the terms of
agreements for the federation between Eritrea and Ethiopia.
• The Eritrean were established their own constitution with the
support of UN.
• This constitution incorporated the human rights provisions of
the universal declaration of human rights and other
progressive concepts.
• It also implied a more liberal government that incorporated
the values and ideas of a democratic society.
• Both documents were far modern and better than the existing
traditional 1931 constitution of the imperial government.
• Thus, the emperor was forced to revise the 1931 Constitution.
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O U , &
K Y T E R
A N H A P
T H HE C TOO
F T R S E ! ! !
D O O U K !
EN HE C L U C
T O D
GO 137