Chapter Three

Fundamental Values and Principles of Democracy

Fundamental values of democracy

Among the major values of democracy, values the rule of law, Equality and Justice are highly
intertwined the deviation or the respect of which affects the other.

A. DEMOCRACY AND RULE OF LAW

Rule of law has at least three meanings. First, rule of law is a regulator of government power.
Second, rule of law means equality before law. Third, rule of law means procedural and formal
justice. We will take up these meanings of rule of law one by one. First, as a power regulator,
rule of law has two functions: it limits government arbitrariness and power abuse, and it makes
the government more rational and its policies more sharp.

i. Rule of law is a regulator of government power. The principle that governmental authority
is legitimately exercised only in accordance with written, publicly disclosed rules adopted
and enforced in accordance with established procedure. Rule of law is significant effective
implementation of the aforementioned principles. Hence, all citizens and organs of
government must recognize the rationality of the restraints of the rule of law to avoid the
restraints of arbitrariness.

'Rule by law' and 'rule of law' are different. Under the rule by law,
law is an instrument of the government, and the government is
above the law. In contrast, under the rule of law, no one is above
the law, not even the government. The core of rule of law is an
The principle is intended to be a safeguard against arbitrary governance. Before dealing with rule
of law, it is important to note the difference between ‘rule by law’ and ‘rule of law.’ In rule by
law, law is an instrument of the government, and the government is above the law. In contrast, in
the rule of law, no one is above the law, not even the government. The core of rule of law is an
autonomous legal order. Under rule of law, the authority of law does not depend so much on
law's instrumental capabilities, but on its degree of autonomy, that is, the degree to which law is
distinct and separate from other normative structures such as politics and religion.

1
  Rule of law implies an autonomous legal order and therefore
law is the regulator of government power; equality before the
law; and the existence of procedural and formal justice.

Law directs how government administers. Rule of law requires the supremacy of law as opposed
to the supremacy of the government or any political party. Hence, the government has to follow
legal procedures that are pre-fixed and pre-announced. Rule is of person the opposite of the rule
of law. There are two kinds of rule of person.

a) 'Rule of the few persons,' an example of this includes tyranny and oligarchy.
b) The second kind of rule of person is 'rule of the many persons,' an example of which is
the ancient Greek democracies. The common feature of rule of persons is the ethos that
'what pleases the ruler(s) is law.' That is, under the rule of person, there is no limit to
what the rulers can do and how they do things.
ii. The other meaning of the rule of law is equality before the law. Not only that no person is
above the law, but also that every person, whatever is his or her rank status, is subject to the
ordinary tribunals. Though a soldier or a minister incurs from his position legal liabilities from
which other persons are exempt, he or she does not escape thereby from the duties of an
ordinary citizen.
iii. The third meaning of the rule of law is formal or procedural justice. The idea of procedural
or formal justice consists of several principles. The legal system, first, must have a complete
set of decisional and procedural rules that are fair. Second, the fair rules of decision and
procedure must also be pre-fixed and pre-announced. Third, these decisional and procedural
rules must be transparently applied. Fourth, these decisional and procedural rules must be
consistently applied. When this fourth condition is satisfied, some judges and lawyers say that
they have achieved a certain kind of justice, which is called formal or procedural justice.

Some of the major factors that determine the rule of law in any state are the following.

1) Constitution

2
Constitution is a document that contains the laws of a country’s basic performance,
organizational general rules and regulations. It is the fundamental laws of a country. It is also
defined as a collection of principles according to which the powers of the government, the rights
of the governed (citizens), and the relations between the two are adjusted. Constitution is a
collection of rules that establish and regulate between the governments. Constitution is the
whole system of a government and a collection of rules that establish and regulate the behavior
of the government.

Constitution is the principles upon which that state is created. Over the centuries the idea and
function of a constitution has changed. It is also important that constitutions can change the
values of any state can change over time and the laws too. Constitutions are not meant to be
perfect documents that stay the same forever. Some constitutional changes are minor others can
involve a complete overhaul of the political system. Nevertheless, one of its most important
functions is to outline the basic rights and duties of its citizens, as well as sets out the principles
of political organization. It is important that a state adopt a constitution that offers clear and
strong safeguards for individual freedom. Constitutions set out the framework for the rule of
law within which freedom, order and equality develop.

2. Freedom
Freedom implies right of individuals to act as they choose. It has two dimensions: ‘freedom
from’ and ‘freedom to’. Freedom from may be defined as 'negative liberty,' or ‘negative
freedom,’ or the absence of constraints on behavior. In this sense, freedom refers to being left
alone, at least in as far as no one requires you to do anything. Freedom to, on the other hand,
suggests immunity from fear and want. It refers to being free to do things or to secure things for
you. It can also be defined as 'positive freedom,' or the idea that something is to be provided,
such as food or shelter. One implication of this idea is that positive freedom requires that
someone actually produce something. Note that if someone is required to positively produce
something, that person’s negative freedom to be left alone is thus violated, unless he or she
specifically states otherwise.

3. Order

3
A peaceful condition in which laws are obeyed and misbehavior or crime is not present or is
prevented. Human beings need such order in many aspects of life. Even within family life, order
is maintained by rules laid down by parents and other figures. Social order refers to established
patterns of authority in society and to traditional modes of behavior. When people say that there
must be ‘social order’, they mean that certain behavioral rules to be observed. However, it is
important to remember that social order can change. Often we find that there are differences
between young people and their parents as to what constitutes order and good social behavior.
However, what type of order should a government protect? For example, government can
protect the established social order at any particular time under its police power. This type of
power accords the state the authority to safeguard citizens’ health, morals, safety, and welfare.

4. Equality
This basic concept is central to democracy like freedom and order. Equality can have many
aspects like political, economic and social equality. Nevertheless, it is not to mean that they are
mutually exclusive. For instance, some people argue that equality in wealth, education, and
status – that is, social and economic equality – are necessary for true political equality. There are
two routes for achieving social equality: providing equality of opportunity; and ensuring equality
of outcome. Equality of opportunity means that each person has the same chance to succeed in
life. To many people, the concept of equality is met just by offering opportunities for people to
advance themselves. It is not essential that people end up being equal after using those
opportunities. Others argue that it is meaningless to say that people can be equal in outcome.
They say that differences between people are the essence of human existence. For others,
equality means equality of outcome. It is not enough for governments to provide people with
equal opportunities.

5. Legal Traditions
This denotes the situation in which the entire system of a country is governed by legal norms to
which even the most powerful are subject. This includes common law and civil law.
a. Common Law
This tradition of law originated in Britain and was carried to other parts of the world through the
colonization process. As a result, common law systems are based mainly on English case law.

4
Case law refers to the idea that judicial decisions are based not on a written constitution but
rather on the body of concepts, rules, and principles developed over time in the courts through
court cases. Common law is derived primarily from a series of judicial decisions while case law
defines how those decisions are made rather than from legal codes enacted by legislatures.

This tradition of law treats both written and unwritten law as sources of law to be applied and
interpreted by the courts in particular cases. Written law includes the constitution, laws,
regulations and international treaties to which the country is party. Unwritten law, also called
case law or ‘jurisprudence’ comprises of the rules that can be distilled from the judgments of the
courts. Case law of appellate courts constitutes precedent for the court itself and for all lower
courts with the jurisdiction. Precedent means that courts are to apply rules of the case in
subsequent cases where the relevant facts are similar. A court may decline to follow one of its
own precedents if it can show that relevant circumstances have changed substantially. In
common law systems, judges typically write down their reasons for reaching decisions at some
length. This written statement may include a brief statement of the relevant facts, a discussion of
the relevant law, both written and case law and an application of the law to facts.
b. Civil law
Contrary to common law, in civil law systems, judgments are typically brief and are primarily a
statement of facts, with reference to the controlling provisions of the written law. However,
increasingly courts in civil law jurisdictions refer to judgments of the highest courts and even to
case law from other countries Civil law systems are codified systems that set out codes or
general statutes that arrange the areas of the law in orderly and comprehensive ways.
The rule of law and its effects
In other words, the absence of rule of law first, the absence of rule of law means unlimited power
that jeopardizes the freedom of citizens. Absence of rule of law also means lawlessness, disorder,
and arbitrariness. It leads to conflict that, unless properly managed, can lead to anarchy and the
exercise of arbitrary power. Anarchy means a situation in a society whereby there is no law or
supreme power, thus following political and social disorder, destruction, and confusion.
Consequently, absence of the rule of law can result in:

a) Arbitrary rule: where it is difficult to predict what will happen next;

b) Absence of fair procedure of resolving societal issues.

5
 c) Infringement of the basic freedom of the citizens;
d) Absence of independent judiciary; and
e) Inequality and absence of equal protection of law.
To sum up, the prevalence of rule of law is important for one's peaceful and sustainable life. In
order to achieve the prevalence of the rule of law, it is imperative to establish restrictions on both
those who govern and the governed. The government and its officials at all levels should respect
and protect the basic rights of citizens in undertaking their activities. Both government and
citizens must uphold constitutional values. They should also promote the common goods of the
society.

Rule of law and Corruption

The most common definition of corruption maintains it is an act done with the intent to give or
get some advantage that is incompatible with official duty and the rights of others. It is one of
those global problems, which the whole world is suffering. It is a setback to the development
efforts of a nation. For this and other reasons, corruption becomes a great threat that virtually all
countries are fighting eradicate. To combat corruption both individual and institution should
involve.

I. Individual's Role: Being honest and truthful day-to-day activities can reduce
corruption to a certain extent. Therefore, so as to effectively and efficiently combat
corruption, individuals must:
a. Develop moral values like truthfulness and honesty in their life;
b. Be loyal to the rules and regulations of the country including the constitution;
c. Determine to fight corruption in every legal means etc.
These qualities are the most important instruments that avoid the misappropriation of public
property and misadministration by disclosing any corrupt practices.

II. Roles of Institutions

The existence of active and full participation of the public and the unreserved commitment of
every government institution is a determinant factor in fighting corruption. The respect to the
constitution, government officers must make their activities open to the public. Moreover,
officials must be held accountable for every misdeed they commit in their official duties.

6
Transparency and accountability play a great role in combating corruption. To achieve this,
government office must ensure transparency and accountability. Besides, a strong justice system
and institutions of anti-corruption are needed for an efficient implementation of laws. From the
above discussion, we can understand that individuals and institutions have a great role in fighting
against corruption. To fight against corruption ensure rule of law there are there are two
approaches.

1. Preventive Approach: corruption can be reduced through financial management i.e.

financial administration and auditing systems have a direct role in preventing corruption.
The ethical regulation, committed citizens, disclosure and registration of property and the
mass media can also have an important role in preventing corruption. Public awareness
and the like play significant role in preventing corruption.
2. Curative Approach: This approach involves receiving complaints, investigate corruption
cases and bring the corrupt official before justice

The rule of law Vis-a-vis limited and unlimited government

By relating to the rule of law, a government can be categorized into two categories: limited and
unlimited go. The former is different from the later based on the conformity of rule of law.
1. The rule of law and limited government
A state with limited government has not only a constitution but also constitutionalism.
Constitutionalism refers to the strict observance of the constitution by the government. Hence,
limited government also has the following qualities: decentralization of power, responsibility of
the government and absence of arbitrary power and the protection of basic rights as well as
freedoms of citizens etc.
2. The Rule of law and unlimited government
Unlimited government implies a condition in which a country may have a constitution, but it
may not necessarily have constitutionalism. When constitution concentrates state power at one
point without imposing limitations that country can only have unlimited government.
B. DEMOCRACY AND EQUALITY

Definition of Equality
The most common meaning of equality is the condition of enjoying substantially similar rights,
privileges and protection, and being subjected to similar duties. Equality among persons or

7
groups does not ignore the fact that individuals or groups are indeed unique and different.
Frequently people are divided based on various criteria for instance gender, religion, race, social
background, physical condition, color, nationality, age, and marital status. These social,
economic and cultural backgrounds make up groups different. There is also an obvious
inequality of accomplishment among people because of their talent or level.

Equality and Affirmative Measures

In democratic culture, affirmative action refers to a government's policy of promoting privileged
treatment of certain individuals or groups who are victimized by past injustices and
discriminatory practices. The fact of inequality among individuals and groups necessitates and
justifies affirmative action. The justification of such policies is to tackle negative past legacies
and experiences. By implementing affirmative action, a government takes all appropriate
measures with a view to empower discriminated groups and minorities. Differential treatment of
individuals shall however, if they occur, be reasonable and just. A government agency may take
into account one's ethnicity, gender, or religion particularly of the former discriminated groups in
order to offer better services and protection. For example, it may require less stringent
requirements for women to have access to employment and education. In several countries
affirmative policies are applied with regarded to women, disabled persons, or other discriminated
groups.

3.1.4. Equality and the right for self-determination

Since 1995, as enshrined in the FDRE constitution, all nations, nationalities and peoples of
Ethiopia are entitled to enjoy constitutionally granted rights to self-determination (even up to
secession), and the free development of their cultures including the use of their language. Each
individual group is entitled to the equal protection of these rights. In the following discussion, we
will deal with the concept of self-determination.

The right for self-determination is one of the core values of democratic system. It is both legal
and political concept. Although being articulated for more than two centuries as a political ideal
and almost a century as an international legal principle, the precise meaning and scope of it has
remained controversial and ambiguous. Even if it is pronounced as one of the most important

8
principles of international law, and has been mentioned in a number of major instruments of
international law (like the UN Charter and other important instruments), its meaning and
applicability are full of intense confusions and controversies. In this case, some argue that one
crucial problem is the issue of the subjects of the rights, that is, who is the 'self' and /or who a
‘people’ is entitled to the right enshrined. The other problem is the tension and contradiction
between the principle of self- determination and the principle of territorial integrity.

During the French Revolution (when the term was coined) it referred to two things: as a
democratic ideal valid for all mankind, i.e., and assertion of man against undemocratic practices
of ' ancient regime' and it was also proclaimed as one that mainly bans territorial annexation or
changes ignoring the wishes of the population by foreign powers. For Fredrick Lenin, self-
determination implies the following elements:

First, ethnic or national groups intent on deciding their own destiny freely
could invoke it. Second, it was a principle to be applied during and
aftermath of military conflicts between sovereign states for the allocation of
territories to one or more power. Third, it was an anti-colonial postulate
designed to lead to the liberation of all colonial countries.

According to Woodrow Wilson, self- determination was the logical holding of popular
sovereignty. In other words, it refers to the principle that government should be based upon the
consent of the people (governed). This notion of self- determination expanded and acquired more
contents. Consequently, four different variants of self- determination at the international level: as
a right of each people to choose their own form of government; as a criteria that relate to the
restructuring of the states of central Europe; as a criteria governing territorial changes; and as a
criteria to be taken into consideration for the purpose of settling colonial claims. Generally,
however, self-determination implies right to decide for self in which a people has a right to
choose or determine its own form of government without interference from outside. In other
words, Self-determination is the principle in which government is based on the consent of the
people.

9
Generally, since its first formulation around the second half of the eighteen-century, the concept
of self- determination has been advanced in at least five different versions under the guide of
political principle. These are: as a basic criteria to be applied in the event of territorial changes of
sovereign states; as a democratic principle calling for the consent of the people in any sovereign
state; as an anti- colonial principle; as a principle of freedom for nations or ethnic, cultural or
religious groups constituting minorities in sovereign states; and more recently as a basic
prohibition on the invasion and occupation of territories by foreign powers. In general, in the
contemporary context, self-determination, by and large, is all about the desire for equality and
self-rule of distinct ethnic or religious groups living with in a given state.
Type of Self- determination
Based on political thinking and scholarly writing self- determination is broadly divided in to two:
internal and external self-determination.
A. Internal Self-determination
Internal self-determination refers to the quest for internal autonomy and hence can be defined as
the right of all segments of a population to influence the constitutional and political structure of
the system under which they live. The exercise of self-determination enables ethnic groups to
control local affairs by themselves allowing and promoting the presentation of their cultural
identity and collective economic and political interest.
B. External Self- determination
This involves the relationship between a self-determined territory and the outside world. It
results in the disturbance of an existing state and the birth of a new member (s) into the
international community of sovereign states. In view of that, it implies secession in the strict
sense of the term. Hence, external self- determination is an illustration whereby an entity freely
determines its international status with the resulting options of independence, free association
and integration. Though the claim to self-determination by certain ethnic groups articulate the
desire to separate, the extent of separation envisaged, most of the time, do vary. That means not
all ethnic groups that claim self-determination want to establish their own separate state. With
regard to such quests, the response of the state to the demand greatly matters. Some argue that
the nature of policy chosen by the government in ordered to mitigate ethnic conflict demanding
self- determination is of cardinal importance for the road to separation. The range of policy
choices can be either negotiation or refusal. According to others, the demand for separation is

10
more likely intense when structural reform that can address the root causes of ethnic conflict
fails. In fact, the issue cannot fully be reduced to that of the response of the state.
C. DEMOCRACY AND JUSTICE

Justice is one of the basic values of democracy and democratic system.

Meaning justice

In a democratic system, state and government seek to achieve justice. Nevertheless, there have
been problems in defining justice. This is because different people assign the term justice to
different meanings at different times and places. Again, the idea of justice is a dynamic affair.
Therefore, what was justice in the past may be injustice in the present and vice versa; it is
possible that the justice of today becomes the injustice of tomorrow and vice versa. The notion of
justice has important implications. In order to solve this dilemma, Justices has to be considered
in two categories.

1. Traditional justice: This accepts the fundamental institutions that constitute the basis of
our daily life, take them for granted, does not question them. As far as the positive law,
written constitutions, legislation, judicial precedents, and the like have established these
institutions, there exists justice. The traditional idea of justice is positivistic.
2. Trans-traditional justice: This differs from the existing institutions, either in the whole or
in part, and criticizes them according to principles that are taken from a trans-traditional
scheme of evaluation. This again, may be done in dependence on group ideas that are
accepted and carried on by the individual in some condition of submission, as, for
example, ideas of a party, or merely in deference to the opinions of strong personality, etc.
In general, justice implies the fulfillment of the legitimate expectations of people under the
existing legal system and state of affair and ensuring the benefits promised therein and affords
the protection against their right

4.2. SOURCES OF JUSTICE

The basic source of justice is the democratic government in which independent judiciary is
exercised and there rule of law.

11
 1. Democratic governance
Democracy represents a form of government in which the ultimate power resides with its citizens
and exercised through elected representatives. In other words, democracy entails the idea that a
government that holds and exercises state power and authority must represent the interest of the
people. Prevalence of democratic governance requires establishing the required organizations/
institutionalizing, democratizing the already existing ones and applying democratic systems to
everybody life through these apparatuses. Democracy cannot flourish without a democratic
constitution and such institutions as the parliament, the judiciary, and the ombudsman, human
rights commission and civil organizations and other institutional safeguards. Moreover, it is only
when democratic ideas are integrated within social units like the family, schools and training
centers that democracy can prevail.
MAJOR THEORIES OF JUSTICE

i. Philosophical Theory: This theory claims that Justice is the Principle of Right Order. It is
due to this that various theories have been propounded to highlight the meaning and
significance of justice in diverse spheres. For instance, one can take up the philosophical
interpretation finding its place in the ancient documents as well as in the affirmations of
ideas. In this regard, justice can be identified with the idea of righteousness. As such, it
implies not only what is covered under the word religion but also all what comes within the
fold of a righteous way of life. It can be referred, generally to the following ideas.
 It can be referred to religion in the category of theology
 It refers virtue as opposed to vice in the category of ethics;
 It refers to law in the category of jurisprudence;
 It can also refer to duty in the category of actions, and so on.
The good example of a philosophical interpretation on of justice in the history of western
political thought is found in Plato's work, 'the Republic'. According to him, justice has a purely
philosophical connotation implying a life of people conforming to the rule of functional
specialization. In this case, the original principle underlying is that a man should practice one
thing (the thing to which his nature is best fit) so each individual should be put to the use for
which the nature 'permitted' to him, one to one work, and then every person would do his/ her

12
non business. In this case, justice becomes another name for the principle of 'proper stations'.
Justice, as conceived by Plato, has two aspects. These are:
a. Individual, and
b. Social aspects.
From the former perception, it requires an individual has to take an office to which his/ her
nature is best suited. This implies that every one shall perform his/ her duty in accordance with
his/ her specialization, while as to the second aspect; it requires that a society must assign an
office to an individual that is in conformity with his/ her natural aptitude. Society has a duty in
assigning public office to an individual that can perform his/ her duties in such a way that public
interest will be promoted. The highest good of both the individual and the society is conserved if
we take it for granted that there is nothing better for an individual than to perform a duty that
he /she is best fitted to do, there is equally nothing better for the society than to see that each
should be fulfilling the station to which he/ she is best entitled by virtue of the special element of
his /her personality. In this regard, as in the case of state, which is the analogue and the product
of the minds of human beings, there are three elements, so in the mind of each individual there
are parallels to them. These elements are: reason, spirit, and appetite. As the justice of the state
means that each of the three elements retains its place, so the justice of an individual means that
reason, spirit, and appetite all keep their proper bounds.

The philosophical interpretation of justice takes an empirical direction. According to Aristotle,

who says that injustice arises when equals are treated unequally, and also unequally are treated
equally. In this light, the idea of Aristotle lies down the foundation for the doctrine of distributive
justice. Thus, justice is either distributive or corrective. The former require equal distribution
among the equals, while the latter applies where in remedy for a wrong is provided.

1. Relate justice to the idea of democracy and rule of law?

2. assess the idea of Plato and Aristotle on justice in view of contemporary
life.

13
ii. Natural Theory: For Natural theory, Justice is an Ultimate End. The natural theory of
justice should be understood as an extension of the philosophical theory, and is first
enunciated by the Stoics and then borrowed by the Roman lawyers. In this case, justice is
treated as an ideal of absolute value where the rights could establish order. What the Stoics
meant by nature is that the ruling principle in the universe is reason. In this regard, nature is
the art of human beings. That means it is the result of the conception of human beings,
which is achieved in the course of a conscious effort that human beings made to fit
themselves in to the Universe. It is an ideal by which they can judge the facts of their life in
the past, and by which they can shape their life for the future in a rational way. The Roman
lawyers, who took justice as an ultimate end borrowed the above idea. In this case, the
unique contribution of the Roman lawyers lies in their integration of the idea of natural
justice with the positive law of the state with the result that civil law and law of nations were
insisted up on to be in conformity with the law of nature. As to them, justice is a fixed and
binding disposition to give every individual his / her rights. The precepts of the law can be
described in this light as follows:
 To live honorably,
 To harm no one,
 To give to every individual his/ her own, and the like.
Jurisprudence is knowledge of things, human and divine, the science of the just and unjust.

Natural theory claims that justice is treated as an ideal of absolute value where by
the right order could be established.

The view of natural justice was mixed up with the myth of divine sanction with the advent of
Christianity. What the stoics and the Romans meant by nature considered as God by the church
Fathers. Thus, religious canons became handy instruments to distinguish between the just and the
unjust. For example, St. Augustine linked up the idea of justice with the precepts of the Christian
religion. St. Thomas argues that when civil law contradicts with natural law, it cannot be binding
on the conscience of the people (the ruled). In this way, theological basis provided the ideal of
justice at the beginning of society. It was also the starting point of the intuitive and inspirational

14
ideal of justice. Later on, the scholastic philosophy and its non-scholastic development were
contributed for the growth of absolute and universal elements in justice. In this context, nature is
not a source of justice that is different from both religion and ethics. It is rather a combination
and fusion of religion and ethics.

The (metaphysical) philosophical concept of justice was faced with setback in the modern period
with the growth of new knowledge. This, however, does not mean that it has out placed in its
entirety. In this regard, Grotious, who is considered as the Father of International Law, for
instance, underscored the supremacy of the law of natures and gradually, the idea of natural
justice converted in to transcendental idealism as conceived by Immanuel Kant who is the Father
of Modern Idealism. So much so, that in the 18 th century, the idea of natural law was regarded as
a key to unlock all the evils of the world. A look at the great revolutions of America (1776) and
France (1789) testified that the natural rights, which were based on the principles of natural
justice, were regarded fundamental as endowed by the creator of the human race.

Because of its philosophical connotations the idea of natural justice, though quite abstract, has
been a source of inspiration to the men of liberal jurisprudence. In this regard, justice has nine
fold elements.
1) Fair hearing of a case while adhering to the maxims of neutrality and impartiality of a
judge,
2) Extension of opportunity,
3) Giving of notice,
4) Insurance against surprise,
5) Facilities for adequate legal representation,
6) Tested evidence as rights of cross- examination,
7) Provision to produce evidence,
8) Delivery of reasoned decisions; and
9) Balancing verifiable human factors by providing for appeals, revisions and so on.

15
The idea of natural law in its practical manifestation is a set of the norms of natural justice, such
as fair play, equity, and righteousness.
ii. Legal Theory: Justice as the Enforcement of the Law of the state
When one passes from an abstract to a concrete plane of jurisprudence, he/ she finds that justice
lies in the enforcement of the positive law. As the judicial or quasi-judicial bodies do it, justice
implies what is given by the courts in the form of interpretations of the statutes or verdicts
delivered after hearing the parties involved in dispute. The idea of justice for this reason draws
very close to the word of law and both seem interchangeable. Such a view is subscribed mainly
by the advocates of the analytical school Like John Austin who insist that law has to function as
an instrument of justice on one hand, and as an instrument to suppress mischief, on the other.
Consequently, in this case, justice is the immediate purpose of law, and law without an element
of justice becomes an instrument of oppression.

 Official acting as judges have to respect the abstract principles of natural justice in
order to ensure that the laws of the state are enforced for the good of the community.
However, the laws of the state may sometimes override a principle of natural justice
under certain exceptional circumstances. For instance, the services of an employee
can be terminated without assigning specific reasons during the times of natural
crisis in the interest of the state. The idea of justice, in this case, requires the
synthesis of the principles of natural justice with the premises of positive law. Thus,
justice requires that the accused should know the nature of the charges leveled
against he/ she, he/ she should be given a reasonable opportunity to state his/ her
case either him/ her self or via his/ her attorney, the tribunal or the court trying the
case should be fair and impartial, and the proceedings of trial should be conducted in
a fair and free manner.

iv. Marxisian Theory: From Marxist point of view, justice may be divided in to two categories:
Liberal and Marxist. The former category takes justice in terms of law as pronounced by the state
via its accredited government including the organs of legislature, executive and judiciary. Justice
and its administration must always be according to rule of the state as proclaimed by the state. It
must also reflect the unproclaimed custom and conscience of the society in which justice is

16
administered. In this case, morality, religion and custom in practice are powerful aids of this
ideology. The essential point to be taken note of, in this context, is that people subscribing to the
liberal view seek to bring about a harmonious synthesis between the abstract precepts of natural
justice and the concrete premised of positive law. They recognize that in case there is a conflict
between the two, the matter, in question, should be decided in a way so that the interest of the
individual is served. In this way, the meaning of justice should be revised to meet the changing
requirements of the civilized social life. In this light, the principles of justice do not change, but
their application in terms of law must alter with change in circumstances. This implies that a
system of law, which is durable, can be constantly revised. Law, however, remains instrument
not an end in itself. In other worlds, law is the means to achieve justice.

The latter, the Marxist view of justice, integrates the idea of justice with the doctrine of class
war. In this case, if state is an instrument of exploitation and oppression by one class over
another, naturally the systems of law and justice are originally bound up with it. According to
this view, the laws are needed by the bourgeois class to keep itself in power by hook or crook.
The following are some of main characteristics of the Marxist view of justice.
 A peculiarity is drawn between the ownership of the means of production which is
wholly under the state and ownership of consumer goods which is open to individual,
 Relationship between state and individuals e.g., between state trusts and its
employees;
 recognition of private right over consumer goods to a restricted extent, resale being
subject to strict scrutiny;
 Regulation of relations and dispute between various parties being entrusted to
tribunals, which are impartial and independent;
 Strict enforcement of legislation.
 In the field of production, all economic business relationships are essentially
transactions between state organs, either subsidized organs, or autonomous bodies
known as state trusts;
The judiciary in a communist country is expected to implement the ideology of scientific
socialism as expounded by Marx and developed by Lenin. It is due to this that the sociology of
the judges and their background and training are supposed to give support to their prejudices

17
acquired in the society in which they are trained and brought up leading to the failure of justice.
Liberal interpretation of justice is flexible while the Marxist view desires its committed form.
The result is that while the former is too flexible and for this reason amenable to divers, even
conflicting interpretations, in various important direction, the latter is inherent with very rigid
postures. In this case, the former is connected with the premises of what is popularly known as
the rule of law, while the latter constitutions of flagrant negation of the same.

v. Social Justice: Predominance of the Integer of the Community

This theory of justice is highly concerned with What is known by the name of justice in common
parlance relates to the settlement of disputes via judicial bodies? It is in this respect that the term
justice has a positive character and by virtue of which law of the state and justice of the courts
become very close affairs. However, this sort of justice has three broad dimensions. These are:
 Social, dimension,
 Economic dimension, and
 Political dimension.
With the growth of liberal democracy in to social and economic spheres, the meaning of justice
has expanded itself to cover all walks of human life. A new awareness has developed that
informs that the rights of an individual should be reasonably restricted in the wider interests of
the community so that the ends of social justice are properly promoted. Put differently, it is
usually recognized that the well-being of society depends on the co- ordination and
reconciliation between the rights of individual and the interests of the community. In this light, if
there is a conflict between the two, the latter should prevail over the former.

Social justice relates to the balance between an individual’s rights and social control ensuring the
fulfillment of the legitimate expectations of the individual. In this connection, the idea of social
justice requires the sacrifice of certain rights of an individual at the altar of the general interest.
However, viewed in a wider perspective, the idea of social justice not only aims at the proper
reconciliation of the interest of an individual with the over all interest of the community or
prevalence of the latter over the former in the event of and conflict, it also constitutes an essential
part of the great complex of social change for which something may have to be scarified for
greater good.

18
It is evident that the concept of social justice is a very wide term that covers within its fold every
thing pertaining to the norm of general interest ranging from the protection of the interests of the
minorities to the eradication of poverty and illiteracy. It is not only related to the observance of
the principle of equality before the law and independence of judiciary but also the eradication of
gigantic social evils, such as disease, unemployment, starvation, and the like. Social justice
emphasis on promoting the welfare of the people by securing and developing a just social order.
The rule of law, apart from ensuring equality and liberty to the people, it joins to bring about a
social order in which justice- social, economic and political – shall inform the institutions of
national life.

1. Much of what is today done in the name of social justice may not only be
unjust but also unsocial. Comment on it.
2. What do you think is the relationship between social justice and social
democracy?

vi. Economic Justice: This theory claims that justice is Elimination of Exploitation and
equitable Distribution of National Wealth. The theme of economic justice should be treated as a
corollary to the aforementioned discussion. The idea of economic justice means non-
discrimination between individuals based on economic values. In positive terms, it implies
adequate payments for work without any discrimination on some artificial ground. It also
enjoins freedom for all in the spheres of production and distribution of goods subject to the
conditions of general welfare. It also demands that the state of national economy be reshaped in
a way that the benefits are made more and more available to the common people. In this light,
the idea of economic justice comes to imply a socialistic pattern of society.

According to this theory, economic justice is an important issue of the modern age the welfare
state of science and industrialization. The implementation of social welfare programmers
certainly cuts at the roots of most of the traditional economic rights. In addition, governments
may encroach up on the essential freedoms of the people in the name of its planning
programmers for the well fare of the society. Hence, the idea of economic justice also calls for

19
the imposition of appropriate restraint on the authority of the state so that the people are saved
from the economic tyranny of the planners.

1. What are the differences between economic justice and social

justice.
2. Relate socialist democracy and economic justice?

vii. Political Justice: This refers to Commitment to the Values of a Liberal Democratic Order.
Political justice, as conceived by liberals, aims at promoting a free and fair participation of
people in their political life. As such, it involves the guarantee of universal adult franchise and
no distinction on some artificial grounds in matters of recruitment to public services. What the
policy of the state should be, and how the society should be organized in political and
economic directions are matters, which are decided by the people themselves according to the
prevailing needs and circumstances. In this light, the idea of the preservation of political rights
of the individual dominates the scene so much so that the very notion of justice assumes an
individualistic tenor.

The subject matter of political justice requires that the state must protect and preserve certain
valuable rights of the individual so that he/ she can develop his/ her personality as a citizen and
there by contribute his/ her share to the welfare of the political community. In this case, the
protection of society must come mainly via recognition of the rights of the individual. Each
person is responsible for his/ her own acts and omissions only. Generally, it is hardly possible to
draw a solid boundary line between the three dimensions of positive justice: social, economic,
and political borderlines between and / or among them are fluid and what comes under one
category is amenable to fall under another also. The result is that the task of a modern state has
become increasingly complex so, major decisions cannot be made with out a careful evaluation
of the conflicting values and interests

1. What is the concept of political justice, especially in view of liberal

democracy?
2. What the significances of political justice in the democratic process of
developing countries like Ethiopia? 20
 viii. John Rawls's Concept of Justice
One of the modern political philosophers, John Rawls, sets out two basic moral principles of
justice, which a constitutional democracy should satisfy.
1) First, each person engaged in institution affected by it has an equal right to the most
extensive liberty compatible with a like liberty for all.
2) In equalities as defined by the instructional structure or fostered by arbitrary, unless it is
reasonable to expect that they will work out to every one’s advantage and provided that
the positions and offices to which they attach or from which they may be gained are open
to all.
The theories of John Locke, Rousseau and Kant ware further explained by John Rawls. As to
him, society is characterized by conflict and an identity of interests (cooperation). As a result, it
must have a set of principles for assigning basic rights and duties as well as for determining the
appropriate distribution of social benefits and burdens. These are known as the principles of
distributive or social justice as we discussed above, which specify the kinds of social cooperation
that can be entered into and the forms of government that can be established.
 Social justice commonly called Distributive justice refers to a set of
principles that are important for assigning basic rights and duties

The principle of distributive or social justice has many advantages. Among these:
 To identify the kinds of social cooperation that can be entered into,
 To specify the forms of government that can be established,
 To control all future agreements, and so on.
Accordingly, the theory of justice interacts with traditional philosophical questions about the
legitimate functions and organization of state. For Rawls, state is not well organized unless the
following are fulfilled.
 Its members know and accept the same principles of social justice;
 The basic social institutions generally satisfy and are generally known to satisfy these
principles, and the like.

21
To be well governed a society must act rationally that can serve as their basic principles of
justice. In other words, creating basic principles of justice requires rational reflection. In
addition, these principles to be reasonably and justifiable selected via fair procedure. Hence,
Rawls equates justice with fairness. To make the selection of principles of justice, the possibility
of bias must be removed or corrected. In selection of the principles stakeholders should all be
ignorant of one another’s wealth, status, abilities intelligence, inclinations, aspirations, and even
beliefs about goodness.

Practically speaking, no stakeholders ever were or could be in such a state of ignorance. Thus,
they must select the principles as if they were behind such veil .of ignorance in order to ensure
that nobody is advantaged or disadvantaged in the choice of principles by his or her own unique
circumstances
Activity
1. Compare and contrast a veil of ignorance with an original position regarding
the formulation of the principles of justice.
2. How do view the idea that: 'lack of knowledge is the source of all injustice.'
For Rawls, the basic principles of justice are those to which the people will agree if they are
thinking rationally and in their own self-interest and if they eliminate irrelevant considerations.
In the final analysis, the basic principles of justice are those to which people will agree. The
principles selected according to the concept of the original position via rational thinking are of
two types. These are:
 Each person has an equal rights to the most extensive basic liberty compatible with a
similar liberty of others;
 Social and economic inequalities be arranged so that they are both reasonably
expected to be to every one’s advantage, and attached to positions and offices open to
all.

These principles are a special case of a more general conception of justice to the effect that all
social goods (such as liberty, opportunity, income, etc) are to be distributed equally. The model
that Rawls proposes as satisfying has two principles of justice. The government regulates a free
economy in a certain way in a constitutional democracy. In this regard, when law and
government act effectively to keep markets competitive, resources are fully employed, property

22
and wealth are widely distributed over time, and to maintain the appropriate social minimum,
then when there is equality of opportunity under written by education for all, the resulting
distribution can be just. It appears that Rawls is assuming capitalistic economic rationality, and is
dealing with justice only with in the limits imposed by it. As to him, any capitalist society is
class- divided, and the inequality of income is always be necessary in such a society as an
incentive to efficient production. For Rawls, self- respect is the most important good. This is due
to the conviction that one’s plans and aspirations are worthwhile, and the other is that confidence
in one’s ability to accomplish these objectives. Without self- respect, our plans have little or no
value to us, and we cannot continue in our endeavors if we are plagued by self-doubt. Those,
self-respect are essential for any actively at all. When we lack it, it seems pointless to do
anything, and even if some activity did seem to have a point, we would lack the will to do it. In
this situation, all desires and activity become apathy and vain and we sink in to apathy and
cynicism.
Fundamental principles of democracy

A true democratic government as opposed to that only uses the term democracy in its name, has
some characteristics that distinguished it from other forms of government. That is a given
political system to qualify, as a democratic one should exhibit certain basic features of a
democratic rule. These include:

1) Popular sovereignty: this reflects the idea that legitimate power emanates from the people,
who exercise it directly through popular assemblies, or by delegation through elected
assemblies, elected executives or some other modes of representation.
2) Rule of rule of law: This means power is exercised by a set of rules with respect to its
limits and mode of operation. Accordingly, state power and the sphere of governmental
authority are well defined and limited to allow space for other societal actors. By limiting
the realm of governmental regulation, democracy recognizes that there are human
activities, which are best dealt with by other institutions such as the family or voluntary
associations. Likewise, the concept of rule of law implies that within the public sphere,
everything is done in accordance with the law, and that there exists a judicial system
capable of ensuring the impartiality of law as well as the protection of the rights and
liberties of individuals and groups.

23
3) Accountability of the government. The element of choice implies that democracy is a
government by the consent of the governed, who must approve the rulers by which they are
administered. Here is where the notion of accountability comes in: the rulers are
accountable to the people for their acts.
4) The right of citizens to participate in the management of public affairs through free,
transparent and democratic elections; decentralized governmental structure; and
nongovernmental organizations (NGOs). This implies the right to organize freely, political
pluralism, and the independence of the organization of civil society from the state.
5) The right to Recall: This refers to the right of people to change a government that no
longer serves their interests, or the right to recall. People have the right of calling back and
replace those governments who act against the will of the people.
6) Tolerance refers to accepting and respecting other people's customs, beliefs, opinions etc.
In other words, tolerance is the accommodation of divergent views, believes, cultures
languages etc. Thus, tolerance is very important for the peaceful co-existence of people.
Tolerance enables you to understand that other people have the right to hold opinions,
beliefs and positions that are different from your own. When tolerance is maintained,
majority and minority rights run smoothly. In a democratic system, while the decisions of
majority prevail at the same time the rights of the minority are also protected. The
minorities who are opposing the policies and practices of government must be tolerated,
allowed to organize themselves and express their views. The minorities must also be given
the opportunity to promote their own views in elections.
7) Liberty: The right to liberty is founded on the theoretical justification that a society is
characterized by value pluralism. Human beings make choices in all their lives and the
choice and preference of individuals vary. For example, what an individual believes as the
right kind of worship is different from another; the association, which an individual seeks
to be a member, differs from others. Therefore, the best way of accommodating all these
diverse interests is guaranteeing the right to liberty to the individual. Democracy as a
system ensures freedom to the possible degree for all the people so that they could develop
their own capacity and potential. Liberty refers to the freedom enjoyed by citizens to lead
their life in their own way.
Liberty is a freedom from all kinds of restrictions except those that are

24
 clearly defined and imposed by law It implies the use and full realization
of ones potential in all justified and legal ways.

In Ethiopia, the right to liberty is mentioned in article 17 of the FDRE constitution. Liberty is
one of the fundamental rights of individuals. No one shall be deprived of his or her liberty except
on such grounds and in accordance with such procedures as established by law. No one shall be
deprived of his or her liberty except on such grounds and in accordance with such procedures as
established by law (Art.17).
8) Majority Rule with Minority Rights: democracy requires government decisions to be
based upon majority rule. In a democracy, people usually accept decisions made by majority
of the voters in a free election. Rule of majority also implies that laws enacted in the
legislature represent the will of the majority of lawmakers. Because people elect lawmakers
and thus accept laws made by them. However, democracy requires attention and concern for
with holding the possible tyranny of majorities. A decision made by majority may not win
the support of all. In practical life, unanimity of agreement on all issues is rarely achieved.
Our world is full of people with divergent interests and views. In a democracy, decisions are
made because of the interest and the will of majority, and decisions made by majorities
prevail over that of the minorities. That is the idea that receives large number of votes, be it
in election, in parliament, or in local community meetings, prevails over those few who
disagree. Nevertheless, democracy is not a system in which the views and the rights of
minorities is suppressed or ignored. It is important to note that an idea that has a minority
support today could, if properly addressed, be transformed into an idea of the majority in the
feature. For example, it would be most un-reasonable to permit the majority to punish the
minority for its dissent by threats of bodily harm, exile, or expropriation. Minorities should
be given with the right to freely air their views, peaceably assemble and to petition
government for the redress of grievances.

6. Accountability and Transparency: government officials in democratic political

systems are elected by the people and, hence are responsible to the people. These
officials are expected to act in favor of the advantage and interest of the people.
Accountability implies that government officials are answerable to the decisions

25
 and acts they took. Failure in duty will make an official answerable to it.
Transparency implies openness of the activities of government officials and
institutions to the public. That is a government official and institutions in a
democracy notify or publicize key decisions they made to the public. Ensuring the
transparency of government officials requires the granting of the rights to freedom
of speech and press for the full fledged exchange and transmission of information
from media institutions which are owned privately or by the state.
10) Multiparty system: the existence of different competing political parties is an important
feature of a democratic political system. A political party is a group of individuals with
broad common interests who are organized to nominate candidates for office, win an
election, conduct government and determine public policy. Rival and competing
political parties make elections meaningful. The existence of several political parties
gives voters the opportunity to elect among candidates and alternative policies. In
addition, political parties that did not hold the helm of political power serve as loyal
opposition. That is by criticizing and commenting on government policies and actions
of the party in power, they can make those in power more responsible, transparent and
accountable to the people.
Democratic rights as enshrined in the FDRE constitution
Since 1999, Ethiopia has undertaken socio-political changes. Among this transformations are
changes from dictatorship to democratic, from unitary to federalism, presidential to
parliamentary are the case in point. In this section, issue related to the quest for democracy and
democratic rights as enshrined in the FDRE constitution will be treated. For that matter,
emphasis is given to the discussion of democratic rights that the FDRE constitution.
The FDRE Constitution specifically chapter three divides rights into two broad categories:
I. Human rights (part one) and
II. Democratic rights (part two).

a) FREEDOM OF THOUGHT, OPINION AND EXPRESSION (ART.29)

Article 29 of the FDRE constitution contains seven sub articles, which explain the main article in
detail. This article gives everyone to hold any kind of opinion without interference. This requires
knowledge and information. Thus, citizens are given with the right to seek, receive, impart

26
information and ideas of all kinds irrespective of frontiers, orally, either in print, or in the form of
art or any other media of their own choices. Freedom of press embraces the right to have an
access to information of public interest and prohibition of censorship. Besides, according to the
constitution, Media institutions enjoy legal protection on their operational independence and
capacity to entertain different views.

Yet, the exercise of all these rights is not absolute as these rights could be limited for the sake of
higher goods such as the well-being of the youth, and honor and reputation of individuals.
Hence, the constitution prohibits any propaganda for war and public expressions aimed at
injuring human dignity.

i. THE RIGHT TO ASSEMBLY, DEMONSTRATION AND PETITION (ART. 30)

Among the democratic rights, the right to assembly, demonstration and petition are the basic
ones. According to the constitution, every citizen has the right to assemble and demonstrate
together with others peacefully and unarmed to present petition. Again, the enjoyment of these
rights is subject to legal restrictions. In the interest of public morality, peace and democratic
rights, concerned authorities could legally prescribe the time, place and route of public meetings
and demonstrations. Similarly, the exercise of these rights could be restricted for the sake of
wellbeing of the youth, honor and reputation of individuals and by laws prohibiting any
propaganda for war and any public expression of opinions intended against these realizations.

ii. FREEDOM OF ASSOCIATION (ART. 31)

Article 31 of the FDRE constitution dictates that Citizens of similar interest have the right to join
and form an association. Every person is given with the right to form association for any cause or
purpose. As a result, political parties, pressure groups, professional associations, economic,
social or cultural groupings etc could be established in accordance with this right of citizens.
Conversely, capable authorities should register the legal establishment and operation of these
associations. Thus, the exercise of this right does not refer to organizations formed in violation of
laws or associations established for subverting the main constitutional order.

27
 iii. FREEDOM OF MOVEMENT (ART. 32)

With regard to this right, the constitution states that Ethiopian citizens as well as legal residents
in Ethiopia have the right to freely move in every corner of the country and to choose their own
area of residence. Citizens have also the right to move even out of the country and come back at
any period.

iv. CITIZENSHIP RIGHTS (ART. 32)

Citizenship implies an individual member of a given political society or state; by extension, one
who owes allegiance to and may lawfully demand protection from the government of that state.
Article 6(1) of the constitution on citizenship, states that any woman or man who has both or
one Ethiopian parent, automatically becomes an Ethiopian citizen. This is the reaffirmation of
the principle of jus sanguins for the acquisition of citizenship. Therefore, a child irrespective of
where he/she is born could become an Ethiopia citizen, if he/she has Ethiopian mother and
Father or at least either of them. Citizens have also the right to change their nationality. Once
citizenship is established, no Ethiopian citizen may be deprived of his or her citizenship right
with out his or her consent. Besides, marriage of Ethiopia citizens with foreign nationals does
not result in loss of citizenship right.

v. Marital and Family rights (art. 34)

Article 34 of the constitution dictates marital and family right. Accordingly, men and women
who have attained marriageable age defined by law, with out any distinction on various grounds,
are entitled with the right to marriage and found a family. Marriage should be because of true
and full will of the two spouses. Consistent with the especial emphasize the constitution gave to
women; women in time of divorce enjoy equal rights with man. This concern on the equal rights
of man arises for the need to combat traditional harmful practices, which discriminate women.

vi. The rights of Women (art. 35)

Women in the history of Ethiopia, irrespective of their immense contribution were one of the
disadvantaged groups. Women were considered as men are subordinate simply to satisfy men's
wish and desire. Women were considered as second-class citizens, who could not stand by
themselves and as persons to be administered by father', husbands or sons. By granting equal

28
rights with men, the constitution tried to equalize some of these irrational acts and believes at the
level of marriage and family.

On the other hand, prejudices on women are not limited to marriage only. Irrational beliefs and
wrongdoings on women manifest themselves in every occupation. The rights of women are
mentioned as follows:

 Women have equal rights with men in the enjoyment all the democratic and human
rights.
 Taking into account the historical legacy of discrimination and inequality, women are
entitled with affirmative measures.
 Maternity leave with full pay before and after they give birth,
 The right to possess, administer, control, use and transfer private property. Particularly
women are given equal right with men for using, transferring and administration of land.
 The right to full consultation in the formulation and execution of national development
policies, particularly those policies affecting the lives of women, and
 Women are also given with the right to education, employment, promotion, and equal
pay for equal work with men etc.
vii. Rights of Children (art. 36)

The Ethiopian constitution also provided the rights of children. The Five different rights
specifically stated are belonging to children,:

 The right to life: The right to life given to children, unlike other sections of the
society, is absolute. Even in cases of serious or grave crimes, children are free of
corporal punishment.
 The right to name and nationality
 The right to know and be cared by parents or legal guardians
 The right not to be subjected to exploitative or harmful labor practices. That is
children deserve to be free from for torture as a means to shape their behavior. For
example, children at school should be free from any kind of punishment, which harms
their physical body.

29
  The right to be free from corporal punishment i.e. death penalty.
The constitution also states for the consideration of the especial interest of children in the
activities of government institutions such as courts, administrative authorities, legislative bodies
etc. Moreover, Juvenile offenders admitted to corrective or rehabilitative institutions should be
kept separately from adults. This article also gave recognition to the equality of children born out
of wedlock with children born with wedlock. This section has also dealt with orphans and
orphans are entitled with especial protection and welfare by the state.

viii. THE RIGHT TO JUSTICE (ART. 37)

Every one has aright to bring any justifiable dispute to a court and obtain a decision or judgment.
Any associations, which represent the collective interest of its individual members or any group,
can seek this judgment or person who is a member of or representing a group with shared
interests.

ix. THE RIGHT TO ELECT AND BE ELECTED (ART. 38)

Election is a critical component of a democratic political system. The sovereignty of people in a
democracy is ensured through the ballot box. Every Ethiopian citizen, with out any
discrimination, is given with the right to participate in public affaires, and on the attainment of
18 years of age, to vote in accordance with the law. In addition, citizens can also run for
assuming office at any level of government. Subsection two of this article also states the right of
individuals to be a member of political organizations, labor unions or other professional
associations.
x. RIGHT OF NATIONS, NATIONALITIES AND PEOPLES (ART. 39)

Nations, Nationalities and peoples according to the constitution refers to the group of people who
share common language, culture, history etc. Nations, Nationalities in Ethiopia are given Un-
conditional right to self-determination including the right to secession. Every nation, nationality
and people in Ethiopia is given the right to speak, write and develop its own language and to
maintain and develop its culture. Furthermore, the right to full measure of self-government and
to establish governmental organs in the territory they inhabit is another right given to nations,
nationalities and peoples of Ethiopia.

30
 xi. THE RIGHT TO PROPERTY (ART. 40)

According to this article, every Ethiopian has the right to ownership of property. Property right
includes the right to acquire, use and transfer property. Nevertheless, ownership, of rural and
urban land as well as natural resources is reserved to the state and the Ethiopian people. Land is
considered as a common property of Nations, Nationalities, and people is of Ethiopia and is not
subject to sale or exchange. Still Ethiopian peasants have the right to get land without payment
and enjoy protection against eviction of possession. Similarly, Ethiopian Pastoralists have also
given the right to get pastoral land. On the basis of payment arrangements private investors have
also given the right to own and use land (sub article- 6). In addition, Ethiopians have full right on
immovable properties built on land.

xii. ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ART. 41)

Article 41 of the construction contains several rights under economic, social and Cultural rights.
Every one is given with the right to engage in any kind of economic activity and to choose his or
her own means of occupation and profession. Citizens have also the right to equal access to
publicly funded social services. On the other hand, the state has the obligation for the provision
of public health, education, rehabilitation and assistance to the physically and mentally disabled,
the aged, and children with out parents or guardians. Government is also responsible for pursuing
policies that expand jobs for the un-employed and the poor. Moreover, Ethiopian farmers and
pastoralists have also the right to get fair prices for their product. The state by sub article nine
also entrusted with the responsibility to protect and preserve historical and cultural legacies of
the country and to contribute its own part for the promotion of arts and sports.

xiii. THE RIGHT TO LABOR (ART. 42)

Ethiopian workers particularly Factory and Service workers, farmers, farm laborers and other
specified government employers are given the right to form associations to improve their living
conditions. The right to labor includes the right to form trade unions, and other associations to
bargain with Employers. Workers are also given the right express grievances including the right
to strike. Workers enjoy the right to a reasonable limitation of working hours, to rest, leisure and
periodic leave with full pay.

31
 Xv. THE RIGHT TO DEVELOPMENT (ART. 43)
The right to development is a recent right, which is included in the inventory of international
Human rights. It is part of the so-called third generation rights. The constitution states that the
basic aim of developmental rights is to enhance the citizens’ progress and to meet their basic
needs. The right to development is also stated in group context in the sense that the people's of
Ethiopia as a whole as well as Each nation, nationality, and people have both the right to
improve their living standard and the right to sustainable development. The constitution pointed
out two particular mechanisms for the realization of the right to development of citizens. One is
full consultation and the right to participation of policies and projects affecting their lives. The
second mechanism for ensuring sustainable development is the obligation entrusted to
government to enter and to conclude treaties and international agreements that ensure and protect
the Ethiopian's right to sustainable development. That is all kinds of international agreements,
which Ethiopia enters, should be strictly examined to make sure that the countries right to
sustainable development is protected or not.

xiv. ENVIRONMENTAL RIGHTS (ART. 44)

With the mounting exploitation of the environment, the survival of humanity and life in general
is at stake. The right to have and enjoy a clear environment is another principal important issues
of the time. The continuing survival of humanity in today's world is put under threat by several
environmental problems such as global warming, ozone depletion, pollution, deforestation and
rapid population growth. The present Ethiopian constitution gave are cognition for the right of all
persons to a clear and healthy environment. Moreover, the constitution provided for a adequate
compensation to be made for those families and communities who are displaced because of state
planning and implementation programs.

32