Note on constitutional law I

Ch;1
Basic Conceptual Framework
 the coherence of all associations, including that of the state, lies not in some mystic
personality but in social solidarity for the reason of security.(social animal).state as
defined by Gabriel Almod’s is system of interaction to be found in all society which
perform the function of integration and adoption (both internally and externally) by the
means of the employment, or threat of employment of legitimate physical compulsion.”1
 raison d’être(the central notion ) of all political institution is the existence of power
relationship between and among individuals and institutions. endurance &permanence
make institution distinct from other social factors ;for all social facts are not institutions
 Institutions may take the form of either “institutions personas”;3 i.e. groups of human
beings and establishments; and “institution of things and concepts”. Hence, concepts,
principles, doctrines become institutionalized Law, consisting all these elements,
reflecting a legal system and attached to state, falls in the category of institutions
 Thus ,law is defined as “[t]he sum of the conditions of social life….. as secured by the
power of the state through the means of compulsion.” law is one among many
institutions of social life and constitution the supreme law of the land.
 constitution is a mechanism by, or a channel through which political power is converted
into an institution of the state, as a consequence of which power is structured. Thus ,its
institutionalization and legitimization of state power, in accordance with which authority
is exercised and the limitations of which is prescribed therein.
 Study of law is related to Political science, anthropology , sociology,Economics, History
, Psychology& Geography.
 Constitutional Law can be said to be at a border line between Political Science and Law.
Coz its political manifesto. a constitution is not taken to mean a document.it embodies
agreement on both; the what and the how.(the substantive &procedural matters)
 Using these as yard-sticks one can formulate three broad sets of paradigms of
politicalculture;
o Society with a very comprehensive, stable agreement(consensual society
‘nationhood attained)
o With fragile agreement (low level of consensus)
 o Where sharp conflict prevails all the time(no ground for nation hood)so ought
right force used by state

 The degree of consensus prevailing in society is very important.esp.

o The extent to which the individual and groups value the government as
satisfying their interests and demands.
o They play an active role in promoting or impending polices
o they rely, accept and abide by governmental actions
Co nfiguration of Political Power :
In class-the society here is divided into the dominant &the dominated group mostly
relating to material interest. Previously, status , wealth, control of instruments of coercion
where regarded as means of power acquisition but now rebutted coz its identified to be
support of the people.
State as a Juristic Person
 Historically springed from socio-econ .construct
 In pol.sciense 4 fund’l elements state comprises is people,definite
territory,sovereignt&political power.
 In the exercise of legitmate power government is categorized into 3
departments.leg,exec&jud.
 . Thus, the use of force through and by its instruments of coercion is the basis of and the
bridge that connects both Political Science and Constitutional Law.
 The principle laid by International Law is that wherever a person or a thing is on or enters
into that territory, the person or the thing is, ipso facto, subject to the jurisdictional
authority of the state. The exceptions are; state condominium(jointly owned), consent
&mandate trusteeship.
 The difference between a federation &confederation is that;in the former the incidence
of linkage is strong that makes it possible to have authority on the individual citizen of
the member state & as such it is endowed with legal personality in the eyes of
international law.
 The fact that the laws made by member states can derogate the law made by the center is
one other fact that generally characterizes confederation.
Questions that matter
1. Is Palestine presently a state in terms of territoriality, community of people, sovereignty?
 2. Consider also Collapsing/Rogue States? What does it mean (see concluding remarks of
this Chapter).
3. Do you think one way of solving the vigorous claims of both parties over Jerusalem can
be state-condominium?
4. What are the attributes of the European Union, which may prompt one to characterize it
as confederation?
Sovereignty in the Changing World

Unlike the past, sovereignty of the state does not arise from any divine power, status strength,
but from delegation of power by the people to the state

Forms of sovereignty in international law are:

a. Internal or Territorial Sovereignty

Each state has exclusive domestic jurisdiction” and the monopoly of power over its
territory and nationals
b. External Sovereignty
States are not subjected (against its will) to another state or to any higher authority.the
limitation on the international relation is that states shall from threatening or using force,
oblige to co-operate with one another, abide by the principles of equal rights and self-
determination of peoples.
c. Sovereign Equality
All states are juridically equal, in the sense that, formally they have identical rights at the
international level.
d. Extraterritorial Sovereignty to impose their home policies on foreigners and their
properties.eg.in colonization period.
e.Permanent Sovereignty over Natural Resources every state can freely dispose of the
natural wealth and resources within its territory. Yet ,rights have duties as their corollaries
.eg.environment protection.
The Concept of Nationality is his quality of being a subject of a certain state.
The five most common modes of aqcuiring nationality are birth, naturalisation, reintegration,
annexation and cession.

Questions that matter

To what do you attribute the Ethiopian Law of Person – making distinction between and among
domiciliary, permanent and temporary residences and the like? Similarly, what does the law
attribute to corporate bodies – i.e. Ethiopian State and Government, political parties, churches,
mosques, civil associations including NGOs and properties with specific destination like
endowments and trusts; and business and commercial organizations? corporate entities too have
nationality. The basic principle as articulated by ICJ is that the right of corporate entity that is
attached to the state under the law of which it is incorporated and in whose territory it has its
registered office
Democracy and Constitutionalism
Democratic theory is based on a notion of human dignity; dignity taking the central and highest
value worthy of respect.also encourages political participation through elected representatives .

Constitutionalism enshrines respect for human worth and dignity as its central principle,
too.hence,value, citizens political participation. Predictability of governmental actions is also a
characteristic feature of its typology as opposed to tyranny.

majoritarian politics vs counter-majoritarianism is envisaged on 1st &2nd para.respectively.

Democratic Theory, democratic theory stems from popular participation not only for its positive
effect of expressing individual autonomy, but also for its negative effect of deterring
governmental incursions into individual rights,that is realized by laying down of favourable
condition for pol participation.
Constitutionalism , has two connotations .i.e organization of the state and functions by legal
means& end products of democracy.which is majoritarianism.

Constitutionalism, therefore, pertains to two kinds of relationships. The relationship between

government and nationals/citizens, residents/ is the first category – the substantive. The second
(the formal) refers to the appraisal of one branch of government vis-à-vis the other; and to their
inter-relationship.

. The Concept of “Constitution it’s a uniting force the only principle of order, for there may be
no (other) shared moral or social vision that might bind together a nation.
Constitutional Democracy provides for a wide measure of political participation and
simultaneously restricted the peoples’ over-governance by putting in place a variety of
institutional means. Each of them, again, has distributed the power to the Legislative, Executive,
.. and judiciary. federalism to diffuse power.
Rule of Law most vital and comprehensive doctrine .
eight elements of law, recognized as necessary for a society aspiring to institute the Rule of law
state are-
1. Laws must exist and those laws should be able to win obedience.
2. Laws must be published.
3. Laws must be prospective in nature so that the effect of the law may only take place
after the law has been passed. Laws should be written with reasonable clarity to avoid
unfair enforcement.
4. Law must avoid contradictions. (intelligibility)
5. Law must not command the impossible. ( Non self-contradictoriness)
6. Law must be general.
7. Laws must stay constant through time to allow the formalization of rules; however;
law also must allow for timely revision when the underlying and political
circumstances have changed.
8.Official action should be consistent with the declared rule. (Congruency)

the predictability and order that the rule of law promotes in substantive laws is viewed as the
stabilizing force behind much economic developments. Rule of law helps set the rule of the
game in critical areas such as investment, property, and contract.
When the government is no longer the sole owner of land, capital, and labor, rule of law
guarantees that the crucial elements of the economy will be free from arbitrary government will,
adopt a hands-off approach to investment and production, allowing those participating to fully
exercise their rights in relations to land, labor and capital
Important Components of Rule of Law Reforms
A. efficiency of courts-independence ,affordability,ADR m/ch ,professionals
b. developing legal rules and legal systems-laws must exist
rule of law vs rule by law; i.e. the latter does not necessarily mean that the law is legitimate for
it might not satisfy most of the desederatas.
Questions that matter
Discuss:
1. Internal morality vis-à-vis external morality necessary for institutionalizing rule of law
2. good governance vis-à-vis bad governance
3. adaption vis-à-vis adoption. (Refer to FDRE Constitution¸ Articles 8 to12, 13, 37, 39,
62, 78, 79, 82, 83, 84, 100 and the Preamble.

Sustainable Development, Good Governance and Constitutional Order

Sustainable development; is the human endeavor to meet the needs of the present without
compromising the resources, opportunities of future generations to meet their own needs with
due regard to essential needs of the present; without compromising the ability of the future
generations to meet their own needs.

Good Governance; is to de-legitimize and to overcome governmental and administrative

malpractices and non-democratic structures withstanding the realization of sustainable
development.it requires the political system to be transparent, accountable, fairness and
equality before the law ,equality of opportunity, public participation.

Chapter II
Creating Paradigms of State
Development of State in the Paradigm of Western Civilizations
Chapter Three
Making a Constitution
Political scientists identify three basic models of political founding and organization, namely,
polities founded by conquest(power is hierarchical i.e handing down of constitution from top
like medieval kings), which evolved out of more limited forms of human organization( an
organic one, consisting of a series of acts negotiated among the established bodies that share in
the governance of the polity ^not written constitution and change becomes on a piece meal basis
) and constitution evolving from a covenant or compact in which power is shared through a
matrix of centers formed by the government of the whole, on the basis of federal principles(the
process of making involves convention of the partners to the pact).
Structure of Authority: Hierarchy Center-Periphery Frame and cells
Mechanisms of
Administration-Top Politics-club- Constitution-
Governance (in rank
down bureaucracy oligarchy written
order):
Administration- Politics-open with
Politics-court
Center outward factions
Constitution- Administration-
Constitution-charter
tradition divided
Apotheosis: Army Westminster system Federal system
Totalitarian
Excess: Jacobin state Anarchy
dictatorship
Covenant, Compact, Contract
A covenant is a morally-informed agreement based upon voluntary consent and mutual oaths
or promises, witnessed by the relevant higher authority, between peoples or parties having
independent though not necessarily equal status, that provides for joint action or obligation to
achieve defined ends under conditions of mutual respect which protect the individual
integrities of all.
 Both covenants and their derivative, compacts, are constitutional or public whereas
contract is private in character to the parties to it.
 In cases of interpretartion, Covenants and compacts are inherently designed to be
flexible and sometimes firm in other&have reciporal obligation.but contracts tend to be
 interpreted as narrowly as possible so as to limit the obligation of the contracting
parties to what is explicitly mandated by the contract itself.
 A covenant VS compact in that its morally binding dimension takes precedence over its
legal dimension. covenant is an agreement in which a transcendent moral force,
traditionally God, is a party, usually a direct party, to or guarantor of a particular
relationship; whereas, compact is used, a moral force is only indirectly involved.
compact is a secular phenomenon.
 Covenants bind any number of partners & mostly have a political essence.

What a constitution should contain

major purpose of a constitution is to establish the main organs of a government, ensure power
division and control the exercise of governmental power.
thus, it should set standards against which governmental actions could be measured.
It should take good account of the country’s geography and history, its legal system, and
existing form of government and the culture of the people. Is the country homogeneous or
multi-ethnic? What are the units of social organization and the importance given to customary
rights? And how are individual rights reconciled with group rights? etc. . The open process of
decision-making and referendums are optimal methods for ensuring public participation.

Status of International Instruments under Ethiopian Constitutional Framework

Article 9(4) of FDRE constitution .are integral parts of the law of the land.it operates despite
publication as its only a matter of formality but only upon ratification. states cannot invoke their
laws as defense for failure to conform to international commitments. as long as the application
of any of the provisions under the third chapter of the constitution meshes well with the spirit of
those international instruments and there is no need for interpretation, all international
instruments ratified by Ethiopia are subordinate, in hierarchy, to the constitution they have
entered into. Refer intro.to law course for their hierarchy.
Review Question
What is the rationale behind making a distinction between the provisions in the third chapter of
the constitution from other provisions?
Chapter Four
Making paradigm of Constitutions by Classifications

4.1. Classification of Constitution

1. By looking at the Nature of the Constitution itself: Traditional approach
Written /unwritten, codified/uncodified
It’s a false distinction. this classification as a valid classification by considering it as dealing:
First- with the degree of codification, second- with the degree of written detail, and thirdly-
with the origin of the written text of the documents.

 Written constitution designates a complete document in which the framers of the

constitution have attempted to arrange for every foreseeable contingency in its operation.
 Unwritten constitution is one which has grown up on the basis of custom rather than of
written law.statutes play the major role here.
Review Question
 What factors do you think affects the degree of detail of a given constitution? (Clue: lack
of unity or instability within a state).

Rigid/flexible, Conditional/unconditional Classification

A written constitution is a standard of reference for classifying as rigid or flexible .
Q.what is it that makes a constitution rigid or flexible?
 Whether or not its making is identical to the making of other ordinary laws.I.e if the
amendment or alteration procedure of a constitution is made to depend on some
conditions or special procedures then it is a rigid constitution. ,
flexible constitutions have elasticity as they can be bent and altered in form without any need
to fulfill some conditions while retaining their main features.
2. By looking at the Nature of the State itself: Federal/Unitary classification
the classification of constitutions as federal /unitary constitution relates to the method by which
power is divided between the two tiers of governments i.e., government of the whole country
and local governments which exercise authority over parts of the country.
In a federal constitution, powers of governments are divided between government for the whole
and governments for parts of the country in such a way that each government is independent
and none is subordinate to the other, and legislature in both cases have limited powers.

In a unitary constitution the legislature of the whole country is the supreme law-making body
and it has the mandate to allow other legislatures to exist and exercise their powers while
reserving the right to overrule them as they are subordinate to it.

- a confederate constitution exists If the government of the whole country is rather subordinate
to the governments of the parts. It describes a form of association between governments
whereby they set up a common organization to regulate matters of common concern but retain
to themselves, to a greater or less degree, some control over this common organization.
3.By looking at the nature of the Government itself: Presidential/Parliamentary
Classification and Republican/Monarchical Classification

Presidential/Parliamentary Classification
the executive formulates policies and execute same upon gaining the sanction of the law
through legislature thus to protect executive’s misuse/abuse of power, the executive should
necessarily be answerable to somebody, the legislature or the public .it Depends on whether the
executive is accountable to the parliament and president.

In presidential executive, there is a rigid separation of institutions from the bottom upwards.
Hence the president and his subordinates may not sit in the congress (legislature).

In constitutions that provide for parliamentary executive, although the great majority of the
members of the executive (civil servants and office holders) are excluded from the parliament,
the heads of department and ministers may sit in the parliament and hence may be accountable
to the parliament.

A country which has presidential executive will have that form of government embodied
explicitly in its constitution. whereas, parliamentary executive countries will either be embodied
in the constitutions , regulated by custom and by ordinary law.
Republican/Monarchical Classification
where the head of state is a president, then that state is a republic, and where the head of state is
a king, that state is a monarchy or a kingdom.nowadays it has diminished.
4.By looking at the Legislature
. Unicameral/Bicameral/Tricameral/Tetracameral
Unicameralism
have only one legislative or parliamentary chamber .exists often with small and homogeneous
countries.
A view in favor of unicameral legislatures is that if an upper house is democratic, it simply
mirrors the equally democratic lower house, and is therefore duplicative & holds that functions
of a second chamber, such as reviewing or revising legislation, can be performed by
parliamentary committees, while further constitutional safeguards can be provided by a written
constitution. Supporters of unicameralism note the need to control government spending and the
elimination of redundant work done by both chambers. urban areas with large populations have
more influence here.former communist states mostly and all city legislatures are unicameral.

List of countries with unicameral parliament:

 The Azgayin Zhoghov of Armenia
 The Jatiyo Sangshad of Bangladesh
 The Narodno Sabranie of Bulgaria
 The National People's Congress of the People's Republic of China
 The Legislative Yuan of the Republic of China (Taiwan)
 The Sabor of Croatia
 The National Assembly of People’s Power of Cuba
 The House of Representatives of Cyprus
 The Folketing of Denmark
 The Parlamento Nacional of East Timor
 The Riigikogu of Estonia
 The Eduskunta of Finland
 The Parliament of Gibraltar
 The Vouli ton Ellinon of Greece
 The National Congress of Honduras
 The Althing of Iceland
 The Council of Representatives of Iraq
 The Knesset of Israel
 The Landtag of Liechtenstein
 The Seimas of Lithuania
 The National Assembly of Mauritius
 The Parliament of New Zealand
 The Storting of Norway (may divide into two chambers for some purposes)
 The Congreso de la República of Peru
 The Assembleia da República of Portugal
 The Narodna skupština of Serbia
 The National Assembly of Seychelles
 The Parliament of Singapore
 The Gukhoe of South Korea
 The Parliament of Sri Lanka
 The Riksdag of Sweden (since 1971)
 The Büyük Millet Meclisi of Turkey
 The Verhovna Rada of Ukraine
 The Pontifical Commission of Vatican City State
  The Asamblea Nacional of Venezuela

(ii) Bicameralism
Emerged Priorly ,based on class distinction as aristocracy &commoners in England.
a new rationale for bicameralism in USA, in which the upper house would have states
represented equally, and the lower house would have them represented by population.
The bicameral legislature of the United States is housed in a capitol building with two wings.
The north wing houses the Senate while the south wing houses the House of Representatives.
federal states have often adopted bicameralism.
The relationship between the two chambers varies; in some cases, they have equal power( in
federal systems and those with presidential governments ), while in others, one chamber is
clearly superior in its powers(in unitary states with parliamentary systems) Argentina, Australia,
Belgium, Brazil, Canada, Germany, India, Malaysia, Mexico, Pakistan, Russia, South Africa,
Switzerland, and the United States link their bicameral systems to their federal political
structure..
The bicameral system, is a method of combining the principle of democratic equality with the
principle of federalism — all citizens are equal in the lower houses, while all states are equal in
the upper houses
There are also instances of bicameralism in countries that are not federations, but which have
upper houses with representation on a territorial basis. For example, in South Africa, the
National Council of Provinces (and before 1997, the Senate) has its members chosen by each
Province's legislature The European Union maintains a bicameral legislative system which
consists of the European Parliament.
In a few countries, bicameralism involves the juxtaposition of democratic and aristocratic
elements. The best known example is the British House of Lords, which includes a number of
hereditary peers
Nations with bicameral legislatures
Parliament in Australia, which consists of the House of Representatives and Senate; all of the
state parliaments except Queensland's are also bicameral.
 The Parliament in Austria, which consists of the Nationalrat and the Bundesrat; all of the
Bundesländer have unicameral parliaments.
 The Congresso Nacional in Brazil which consists of the Senado and the Câmara dos
Deputados; all of the 26 state legislatures and the Federal District legislature are
unicameral.
 In the parliament in Canada, which consists of the House of Commons and the Senate;
all of the provincial legislatures are unicameral.
 The Parliament in the Fifth French Republic consists of the Assemblée Nationale
(National Assembly) and the Sénat (Senate)
 The Bundestag and Bundesrat in Germany form two distinct bodies not framed by a
comprehensive institution; all of the Länder have today unicameral parliaments.
 The parliament in India, which consists of the Lok Sabha (House of the People) and the
Rajya Sabha (Council of States); some of the states also have bicameral legislatures
namely Vidhan Sabha (Legislative Assembly) and Vidhan Parishad (Legislative
Council).
 The Parliament in Italy, which consists of two chambers that have same role and power:
the Senato della Repubblica (Senate of the Republic, commonly considered the upper
house) and the Camera dei Deputati (Chamber of Deputies, considered the lower house)
with twice as many members as the Senate.
 The Diet of Japan is bicameral, consisting of the House of Representatives as the lower
house and the House of Councillors as the upper house.
 The Oireachtas of the Republic of Ireland which consists of Dáil Éireann (the House of
Representatives) and Seanad Éireann (the Senate)
 The parliament in Malaysia, which consists of the Dewan Rakyat (House of
Representatives) and the Dewan Negara (Senate); all of the state legislatures are
unicameral.
  The Netherlands States-General, which consists of the Tweede Kamer (Second
Chamber) and the Eerste Kamer (First Chamber)
 The parliament in Pakistan, which consists of the National Assembly and the Senate; all
of the provincial assemblies are unicameral.
 In Spain, the Cortes Generales, with the Congreso de los Diputados (Congress of
Deputies) and the Senado (Senate)
 Parliament in South Africa which consists of the National Assembly and the National
Council of Provinces; all of the provincial legislatures are unicameral.
 The Federal Assembly in Switzerland, which consists of the National Council and the
Council of States; all of the cantons have unicameral parliaments.
 The Federal Assembly in Russian Federation, which consists of the State Duma and the
Federation Council; all of the provincial parliaments are unicameral.
 The parliament in the United Kingdom, which consists of the House of Commons and
the House of Lords
 The Congress of the Philippines consists of a Senate and a House of Representatives
 The congress in the United States, which consists of the Senate and the House of
Representatives; all of the state legislatures except Nebraska are also bicameral.
(iii) Tricameralism
Tricameralism is the practice of having three legislative or parliamentary
The term was used in South Africa to describe the Parliament established under the apartheid
regime's new Constitution in 1983 The South African tricameral parliament consisted of three
race-based chambers:
 House of Assembly — 178 members, reserved for whites
 House of Representatives — 85 members, reserved for Coloured, or mixed-race, people
 House of Delegates — 45 members, reserved for Asians

It abolished the position of the Prime Minister. Most authority was transferred to the State
President
 Bolivar's tricameralism= Chamber of Tribunes, holding powers relating to government
finance, foreign affairs, and war. The tribunes would, unlike the other two houses, be
popularly elected.
 Senate, an apolitical body holding powers to enact law, supervise the judiciary, and
appoint regional officials. Bolivar believed that the senate should be hereditary, saying
that this was the only way to ensure its neutrality. There are parallels between Bolivar's
Senate and other houses such as the British House of Lords.
 Censors, a group who would act as a check against the powers of the other two. Bolivar
described them as "prosecuting attorneys against the government in defense of the
Constitution and popular rights". He also said that they should ensure that the executive
was functioning satisfactorily, perhaps having powers of impeachment.

French tricameralism =French States-General as an example of a tricameral legislature. The

States-General evolved gradually over time, and provided advice on various matters (including
legislative issues) to the King. The three Estates were simply labeled First (consisting of
clergy), Second (consisting of nobility), and Third (consisting of commoners).
(vi) Tetracameralism
is the practice of having four legislative or parliamentary chambers.

Medieval Scandinavian deliberative assemblies were traditionally tetracameral, with four

estates; the nobility, the clergy, the burghers and the peasant.

. The Upper House

An upper House is one of two chambers of a bicameral legislature, the other chamber being the
lower house.
(i) Features
 It is given less power than the lower house, with special reservations, e.g. only when
seizing a proposal by evocation, not on the budget, not the house of reference for
majority assent.
  Only limited legislative matters, such as constitutional amendments, may require its
approval.
 'Houses of review', in that they cannot start legislation, only consider the lower houses'
initiatives. Also, they may not be able to outright veto legislation.
 In presidential systems, the upper house usually has the sole power to try impeachments
against the executive following enabling resolutions passed by the lower house.
 Composed of members selected in a manner other than by popular election. Examples
include hereditary membership or Government appointment.
 Used to represent the states of a federation.
 Fewer seats than the lower house (or more if hereditary).
 If elected, often for longer terms than those of the lower house; if composed of peers or
nobles, they generally hold their hereditary seats for life.
 Elected in portions for staggered terms, rather than all at once.

In parliamentary systems the upper house is frequently seen as an advisory or "revising"

chamber, for this reason its powers of direct action are often reduced in some way. Some or all
of the following restrictions are often placed on upper houses:
 Lack of control over the executive branch.
 No absolute veto of proposed legislation (though suspensive vetoes are permitted in some
states)
 A reduced role in initiating legislation.
 It cannot block or modify supply (Though see the Australian Constitutional Crisis of
1975 for an example of an upper house blocking supply).
In presidential systems the Upper House is frequently given other powers to compensate for its
restrictions:
 It usually has to sign off on appointments the executive makes to the cabinet and other
offices.
 It frequently has the sole authority to give consent to or denounce foreign treaties.
Their appointment could be direct or indirect election,hereditary,appointment by head of
government
. Nebraska is the only state in the United States to have a unicameral legislature, which it
achieved when it abolished its lower house in 1934.
. Lower House
The supremacy of the lower house usually arises from special restrictions placed on the
powers of the upper house, which often can only delay rather than veto legislation or has less
control over money bills.
Features:
 Given greater power, usually based on restrictions against the upper house.
 Directly elected (apportionment is usually based on population).
 Given more members.
 Elected more often, and all at once.
 Given total or original control over budget and monetary laws.
 Able to override the upper house in some ways.
 In a presidential system, given the sole power to impeach the executive (the upper house
then has to try the impeached.

Many lower Houses are named- House/Chamber of Representatives/the

People/Commons/Deputies, i.e. Deputies, Chamber, House, Commons, House, Legislative, and
National Assembly (hence also Bundestag, German for federal assembly)
5.By looking at the nature of the Executive
federal or unitary or confederal is the designation of state .but the government is designated as
parliamentary form of government and presidential form of government or a mix of the two.

 various types of executive

Monosepalous Executive
executive is drawn out of the parliament, but once it did so, it’s no more an adjunct of the
parliament, rather it’s an independent entity.eg .britain. This entity consists of two separate,
distinct, and yet connected offices: the Office of Prime Minister and that of the Counsel of
Ministers. The Prime Minister is not a mere spokesman of the Council of Minster, but its leader.
In general the system of government we find in the USA is, in a way, a hybrid of that of Britain.
The basic difference is the executive does not owe it’s origin to parliament. Itself is elected and
is accountable to the people. Here, it’s the President who is elected by the people and his
secretaries, including the vice president owe their position to the President.
the Head of the Executive, the President, stands out clearly as the top manager of the state.
Hence, the US government is monosepalous as in Britain.
. Bicephalous Executive
an executive with two heads, i.e. the President(7 years) and Prime Minister(5 years). Eg.france
Acephalous Executive (Dispersed Leadership )
To avoid one single leader like Hitler from coming to political arena of Germany.The
Chancellor, although holds the top executive Office, shares a lot of his power with a number of
other institutions among which the most notable one is the Central Bank of Germany(financial
matter).
The prime minister of Japan also shares power with the group leader&In Italy due to
proliferation of parties & the need to coalition to capture office power is shared among various
parties.
6.By looking at the Nature of the Judiciary: Prerogative/rule of law system
Depends on whether the judiciary has the mandate to question and interpret the Acts of
the legislature, as in the United States, and those which are but apply the acts without
question as in the United Kingdom.

Reflections on the Ethiopian Constitution.

in traditional Ethiopia, no written constitution in the modern sense of the term formed the basis
for constitutional process. Documents noteworthy in this regard include the Fetha
Negest(secular and religious),the Kibre Negest( the politico – religious), the Serate
Mengist(administrative matters) and protocol directives useful to the constitutional process.
Ethiopia had no written constitution prior to 1931.it doesn’t say anything about amendment
,thus it is difficult to say the constitution is rigid or flexible. however ,it is flexible coz there is
no provision in the constitution providing for an avenue for amendment let alone making it
difficult to amend by putting in place a special procedure &, the constitution is rather a grant 1
by the emperor bestowing power to do everything he wishes as he is the ultimate law maker.
Its the same about the 1955 constitution except that the country adopted a federal form of
government as of the federation of Eritrea to Ethiopia by the resolution of the UN General
Assembly on the 2nd of Dec. 1950
, the level of centralization is so immense by the emperor on all life spheres.
The 1987 PDRF constitution is also written and codified constitution rendering the country a
unitary state.
The constitution had conferred ultimate state power on the National Shengo and its Standing
Council. It also endorses a unicameral parliament. this constitution dedicates an article for
amendment procedure of the constitution.it is rigid coz of special procedure though such is not
easy to conclude coz the extent to which power is centralized might force us to consider other
options.

Review Question
Why would it be difficult, if at all, for us to be bold enough to call the PDRF constitution a rigid
constitution so long as there is a provision requiring the fulfillment of a special procedure?

the 1995 FDRE constitution provides for a federal multi-party system. establishes a
parliamentary democracy.& bicameral/two-chamber parliament, namely the House of Peoples’
Representatives and the House of Federation both of which are federal houses.
It also provides for a one chamber State Council at State level which is the highest organ of
State authority as much as the House of Peoples’ Representatives is the highest authority of the
federal government.
The other chamber, i.e., the House of Federation which is composed of representative of
nations, nationalities and peoples is entrusted with the power to interpret the constitution and to
decide on serious constitutional concerns such as the right to secession. the amendment
procedure of the constitution, we find it to be a rigid constitution as it puts in place a stringent
requirement for amendment
1
.

Amendment under the FDRE constitution is categorized into two: that is, ordinary
constitutional amendment which requires two-third majority vote in a joint meeting of the
federal houses as well as a majority vote in two-thirds of state councils and amendment dealing
with provisions related to fundamental rights and freedoms enshrined in the constitution for
which a more stringent requirement is put in place as the Federal Houses must each accept the
proposal by a two-thirds majority and all State Councils must pass the draft by majority vote
Review Question

Assess the degree of amenability of the four constitutions to amendment.

Chapter Five
Forms of Government and Electoral systems
The presidential system( the congressional system,) is a system of government where an
executive branch exists and presides (hence the name presidential) separately from the
legislature. Under this political system the president is both the Head of State 2 and the Head of
Government.3 The incumbent for the position of presidency is elected nation - wide at a time
that has been predetermined in the constitution.4

Thus in the presidential system, the president is said to enjoy a direct mandate from the people
and hence is not accountable to the parliament and the latter cannot dismiss him have on
exceptional grounds through a process known as impeachment
. Features
the Head of State and Head of Government both of which are held by the president.i.e chief
executive.

The president enjoys ultimate power decision and, therefore, has complete political
responsibility for all executive actions.

3
4
the executive branch, headed by the president, is distinct from other branches of the government
which are all independent from one another. This separation of power serves to check and
balance the powers of the three branches of government.

The president is not accountable to the legislature. Instead, he is accountable to the constitution

. Merits and Demerits

(i) Merits that the executive is stable by virtue of a fixed term. Since the existence of the
executive doesn’t depend on parliamentary whim, it is more stable than a prime minister (in
parliamentary form of government) who can be dismissed at any time.
As the president is directly chosen by the people, it is argued by the supporters of this system
that there is a high tendency for the system to be more democratic than a leadership chosen by a
legislative body.
The existence of separation of powers is another advantage
the president can recruit ministers of highest caliber as he can appoint his ministers from
people who do not belong to the legislature. This is so because the president selects persons of
greater competence and integrity without any need to make political considerations or party
affiliations.
. Members of the parliament are guided by their conscience rather than a strict party discipline.
This could enable them to express their feelings with greater freedom.
Review Question
In a presidential system since the president is the executive, he makes important executive
decisions. Do you think this has any advantage?

(ii) Demerits
difficulty in removing an unsuitable president from office before his/her term has expired

Review Question

It has been said that since the president in a presidential system has a fixed tenure in office, the
legislative organ can hardly remove him/her from office before the expiry of his/her term of
office. Do you think that this can lead presidents to abuse their power?
 The president’s leadership is much looser than that of the prime minister in a parliamentary
system mainly because the president has no power to dissolve the legislative organ or to
participate in legislative deliberations

presidential form of government has the tendency towards authoritarianism as winning

presidency is a winner-take-all, zero sum game

In presidential systems, the legislature and the president have equally valid mandates from the
public. There is often no way to reconcile conflict between the branches of government when
the president and the legislature are at logger heads and the government is not working
effective, there is a powerful inventively to employ extra-constitutional maneuvers to break the
deadlock

Presidential governments are blamed for loose accountability when compared with
parliamentary systems as it is easy for either the president or congress to escape blame by the
other.
. Parliamentary System
system of government in which the executive is dependent on the direct or indirect support of
the legislature (often termed the parliament) often expressed through a vote of confidence.5

Feature.
Absence of clear-cut separation of power between the executive and the legislative
have a distinct heads of state(president ) and head of government(prime minister)
head of state has such roles as symbolic role,

ministers are members of the parliament although not the case in all countries

a political party or coalition of parties which has the largest seat in the parliament will
constitute a government the government has no fixed tenure as the parliament can dismiss it by
declaring vote of no confidence.

party discipline is very strong

have collective or collegial executives6 (e.g., a council of ministers, an organ which

incorporates the prime minister and his cabinet). The executive in a parliamentary system is
responsible to the legislature:
5
6
The government as a whole is not directly elected by the voters but is appointed from amongst
the representatives.

Review Question
Why do you think is the prime minister politically stronger then the president in a parliamentary
system.

the current government follows a parliamentary form where in the prime minister assumes
important political powers as provided for under Art 74 of the FDRE constitution.
a party that has the majority seat in the parliament ERDF- a coalition of political parties, forms
the executive by virtue of Art. 56 of the FDRE constitution.
The vote of confidence or no confidence is one very important tool by which the legislative
controls the executive.
Review Question
Given the aforementioned facts and owing to the fact that it is a rarity, in many countries, can
we say that vote of no confidence is an effective tool of controlling the government

Merits and Demerits

(i) Merits
since a party or coalition of parties which has won majority vote in the parliament forms
government,the executive- legislative relation is one of co-ordination.thus,is preferable for
countries with an infant democracy.
lot easier to pass legislations; this is because the executive branch is dependent upon the direct
or indirect support of the legislative branch and often includes members of the legislativeIn

presidential system, on the other hand, the president will have hard time trying to properly
implement his/her platform/manifesto as he is elected independently and the parliament might
be controlled by a party to which he doesn’t belong.

On top of the ease for quicker legislative action, parliamentarianism has attractive features for
nations that are ethnically, racially, or ideologically divided.
In presidential system, all executive power is vested in the president. In parliamentary system,
however, with a collegial executive, power is more divided.
parliamentarianism is less prone to authoritarian collapse.
(ii) Demerits
the Head of Government is not directly elected

Absence of clear distinction /separation of power between the executive and the legislative &
places too much power in the executive

Review Question
Compare the presidential system with the parliamentary system and identify the similarities and
differences between the two.

Electoral systems

requirements for legibility to vote? Age,nationality.sound mind(not insane).

Types and Features of Electoral systems

types of elections corresponding to different layers of public governance or geographical
jurisdiction. This includes: Presidential election, general election, primary election, by- election
etc.

Electoral systems can be categorized as majoritarian, proportional and mixed representation

system.
Majoritarian Representation systems