As a result, different federal systems came to reflect diverse political and constitutional traditions, practices and historical experiences. Critics claim that the constitution was no more than an abridged version of the 1977 soviet constitution, with the exception of the sweeping powers vested in the presidency. National anthem of ethiopia the national anthem of ethiopia, to be determined by law, shall reflect the ideals of the constitution, the commitment of the peoples of ethiopia to live together in a democratic order and of their common destiny. Overview of ethiopia s legal history and the path to codification 89 3. An overview on the most important features of ethiopian legal. This document came into force on august 21st, 1995. It was promulgated in an impressive ceremony held 16 july 1931 in the presence of emperor haile selassie, who had long desired to proclaim one for his country.
Situated in the horn of africa, ethiopia is bordered by eritrea to the north, sudan to the west, kenya to the south, somalia to the east and djibouti to the northeast. The fitha negest justice of kings was avolume that dealt with the function of the various parts of. Ethiopian constitution, the flag, map, and federalism. Eightyone percent of the electorate endorsed the constitution, while 18 percent opposed it 1 percent of the ballots were invalid. The ethiopian flag shall consist of green at the top, yellow. As a result, the fdre constitution establishes a federal and democratic state. All ethiopian languages shall enjoy equal state recognition.
Provisions of this constitution set out in the masculine gender shall also apply to. All the natives of ethiopia, subjects of the empire, form together the ethiopian empire. The legend history of such second part of this paper deals with relation created menelik i and as a result constitutionalism. It was adopted by the transitional government of ethiopia in december 1994 and came into force following the general election held in mayjune 1995. For centuries, customary and religious laws served as the constitution of the ancient monarchy. Dec 31, 2020 the 1994 constitution reflected both a backlash against the dergs ethnic violence and ethiopia s multitude of ethnic groups. Ethiopia s ton, history of independence has been the. The constitutional history of ethiopia volume 3 issue 2. The territory of ethiopia, in its entirety, is, from one end to the other, subject to the government of his majesty the emperor. Limited vision of the 1931 constitution in 1931, as part of his drive to reform and modernize ethiopia, emperor haile selassie endowed his people with the countrys first constitution. The preamble of the fdre constitution starts by saying we the nations, nationalities and peoples of ethiopia. For the first time in the history of ethiopia, a written constitution was framed in 1931 during the emperor hailesilassies ii regime 192419741.
All the natives of ethiopia, subjects of the empire, form together the ethiopian. Preliminary observation paper presented at the ballagio conference, 2004. Ethiopia s monarch for much of the twentieth century, see christopher clapham, hailesellasies government 1969. Emperor haile selassie proclaimed a revised constitution in november 1955 of the empire of ethiopia. Pdf weaknesses of ethnic federalism in ethiopia haymi. Nov 23, 2015 on this page you can read or download weakness of ethiopian constitution pdf in pdf format. Pdf constitution, constitutionalism and foundation of democracy in. Hence, the ethiopian year 1997 began on september 11, 2004, and will end on september 10, 2005, in the gregorian calendar. Constitution of the federal democratic republic of ethiopia ilo.
The origin and character of ethiopian central institutions can be iunderstood by reference to at least four main factors. The ethiopian flag shall consist of green at the top, yellow in the middle and red at the bottom, and shall have a national emblem at the center. It for the first time in ethiopian history recognizes that the nations, nationalities and peoples are the real owners and beneficiaries of their own constitution. After a brief historical introduction in part i, this chapter proposes to broadly revisit the principles discussed in the reference to assess their role and impact in the ethiopian constitution. All ethiopian languages shall enjoy equal state recognition 2. The constitutional history of ethiopia the journal of.
One of them, the ethiopian peoples revolutionary party eprp, believed so strongly in civilian rule that it undertook urban guerrilla war against the military rulers, and anarchy ensued in the following years. Constitutional development in ethiopia cambridge university press. The historical legacy of inequality and discrimination suffere. Law and development, and legal pluralism in ethiopia. Accordingly, the ethiopian state shall be known as the federal democratic republic of ethiopia. Article 93 of the ethiopian constitution deals with a declaration of a state of. Constitution of the federal democratic republic of. If you dont see any interesting for you, use our search form on bottom v. Ethiopian constitution of 1931 established in the reign of. Doc amendment of state constitution in ethiopia in. Despite this the mere existence of constitution cannot be a guarantee for constitutionalism.
The constitution was drawn up by the constituent assembly that was elected in june 1994. This constitution is an expression of their sovereignty. The historical legacy of inequality and discrimination suffered by women in. Since,constitutionalism does not mean only having constitution,but it is the practical. This complete constitution has been generated from excerpts of texts from the repository of the. Aberra jemberras remarkable book, an introduction to the legal history of ethiopia, 14341974. Ethiopia adopted a constitution that creates a twotiered federal structure, which, at least in principle, emphasized ethnic groups rights and the right to selfdetermination. The 1931 constitution of ethiopia was the first modern constitution for ethiopia, intended to officially replace the fetha nagast, which had been the supreme law since the middle ages. The three colors shall be set horizontally in equal dimension, 2. The drafters of the ethiopian constitution clearly believed in the importance of a.
Ethiopian constitution the africa center university of pennsylvania. The impact of globalization in the ethiopian legal system 95 4. Constitution of the federal democratic republic of ethiopia. I21staugust1995page3 ethiopian territorialjurisdiction the territorial. Ethiopia s ancient system of feudal government experienced significant changes under haile selassie i reigned 193074, who carefully grafted onto the traditional governing institutions a weak parliament of appointed and elected legislators, a judiciary with modernized civil and criminal codes and a hierarchy of courts, and an executive. National anthem of ethiopia the national anthem of ethiopia, to be determined by law. The constitution attempted to situate ethiopia in the context of the worldwide movement of progressive states and made no direct reference to africa. Ethiopian history as an organized and independent polity dates back to the beginning of. The constitution consists of 106 articles in 11 chapters. Critics claim that the constitution was no more than an abridged version of the 1977 soviet constitution, with the. Ethiopian ethnic federalism that this book may be comprehended p. The 1994 constitution of the federal democratic republic of ethiopia fdre considers ethnic contradiction as the primary problem in the countrys politics and reaffirms ethnic federalism with the right to self administration for all regional states including the right to secession adegehe, 2009. An icon used to represent a menu that can be toggled by interacting with this icon. Its nationalities and diverse oommunities have foraed a unity thougll cultural interrours.
Although this was the first election in ethiopia s history based on universal suffrage, the presence of communist cadres throughout the country ensured that the constitution would be adopted. The imperial constitutions of the empire of ethiopia. Ethiopia s ancient system of feudal government experienced significant changes under haile selassie i reigned 193074, who carefully grafted onto the traditional governing institutions a weak parliament of appointed and elected legislators, a judiciary with modernized civil and criminal codes and a hierarchy of courts, and an executive cabinet of ministers. The derg borrowed its ideology from competing marxist parties, all of which arose from the student movement. Actors, power and mobilization under ethnic federalism, e. This constitution was prompted, like its 1931 predecessor, by a concern with international opinion. The difference between 1931 and 1955 ethiopian constitution pdf. Ethiopian state shall be known as the federal democratic republic of ethiopia. For a textual discussion solely devoted to the ethiopian constitution, see fasil nahum, constitution for a nation of nations. An overview on the most important features of ethiopian. However, the origin of the ethiopian or abyssinian state is not. Pdf the making and legitimacy of the ethiopian constitution. The charter provides for a representative democratic structure and the recognition of selfdeterminative rights, up to and including independence, for the various ethnonations of ethiopia.
The ethiopian legal regime in the context of global challenges 98 5. Ethiopian legal system visavis the balance between societal. Nov 23, 2015 on this page you can read or download 1931 ethiopian constitution pdf in pdf format. Constitutional history of ethiopia constitutionnet. And the amendment process of each state constitution will be assumed to have some principles. Accordingly, the ethiopian state shall be known as the federal democratic.
It was promulgated in the spirit of a contract between the emperor, representing the solomonian dynasty, and the people as a whole. The 1994 constitution reflected both a backlash against the dergs ethnic violence and ethiopia s multitude of ethnic groups. We, the nations, nationalities and peoples of ethiopia. It was promulgated in the spirit of a contract between the emperor, representing the solomonian dynasty, and the people as a. A proposed revision of the 1955 constitution was released in 1974, but it had no legal effect, and was soon forgotten in the events of the ethiopian. Strongly committed, in full and free exercise of our right to selfdetermination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development. Nov 23, 2015 on this page you can read or download 1931 ethiopian constitution document pdf in pdf format. Ethiopian constitution of 1931 1 chapter i the ethiopian empire and the succession to the throne art. Ethiopia s flag has three equal horizontal bands of green top, yellow. Their sovereignty shall be expressed through their representatives elected in accordance with this constitution and through their direct democratic participation article 9 supremacy of the constitution. Ethiopias 1994 constitution is a direct result of the government pursuing a policy of ethnic democracy. Actors, power and mobiliza tion under ethnic federalism, is made up of a laconic preface, eight. The existence of constitution is paramount important for the development of democracy in a specific country.
The national anthem of ethiopia, to be determined by law, shall reflect the ideals of the constitution, the commitment of the peoples of ethiopia to live together in a democratic order and of their common destiny. Ethiopian orthodox church was the established church of the empire and was, as such, supported by the state. The constitution of the federal democratic republic of ethiopia. Important features of ethiopian legal system tesfay kumenit, dean, university of gondar, ethiopia this is a paper addressing an overview of the main features of current ethiopian legal system. Emblem of the transitional government of ethiopia as per the 1994 constitution the ethiopian flag is defined as per the below articles. Law and religion in ethiopia the evolution of a complex. A proposed revision of the 1955 constitution was released in 1974, but it had no legal effect, and was soon forgotten in the events of the ethiopian revolution. To be sure, article 39 14, under the title the rights of nations, nationalities and peoples, of the 1991 constitution of ethiopia addresses the unique constitutional rights of ethnic groups in the federal arrangement. Constitution is a set of fundamental laws that govern and guide the power and function of the government.
The state shall have the responsibility to preserve the cultural and historical heritage and contribute to the promotion of the development of the arts. The constitution adopted by the derg in 1987 was the third constitution for ethiopia and it was the first. Although this was the first election in ethiopia s history based on universal suffrage, the presence of communist cadres throughout the country ensured that the constitution would be. This constitution establishes a federal and democratic state structure. In addition, the ethiopian calendar runs eight years behind the gregorian seven years from september 11 to december 31.
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