3.3. Constitutional experiences of Ethiopia скачать в хорошем качестве

3.3. Constitutional experiences of Ethiopia

Ethiopia's Constitutional History • Used traditional or unwritten constitutions. • Introduced first written constitution by Emperor Haile Selassie I in 1931. Ethiopia's Traditional Constitutional Experiences • Traditional constitutions like Kibre Negest, Fetha Negest, and Sirate Mengist were used until the early 1930s. • These constitutions emphasized myths and legends for legitimacy, not ensuring basic rights and freedoms. • Kibre Negest (Glory of kings) attributed monarchs' power to God. • Fetha Negest (Law of kings) justified kings' authority, viewing rebellion against God as rebellion. • Sirate Mengist, a 19th-century administrative and protocol directive, emerged as a significant document. 1931 Ethiopian Constitution Introduction • Emperor Haile Silassie I introduced Ethiopia's first written constitution on July 16, 1931. • The purpose was to present Ethiopia as a modern state and to consolidate the emperor's power over local nobilities. • The constitution consists of 7 chapters and 55 articles, primarily aimed at consolidating the king's power. • The constitution did not establish foundations for the fundamental rights and dignity of citizens. 1955 Revised Constitution • The imperial regime revised its constitution for internal and external reasons. • Internal reason: Italian invasion of Ethiopia in 1935 interrupted the 1931 constitution and forced Emperor to flee to Britain. • External reason: Federation of Eritrea with Ethiopia in 1952. • The 1955 constitution has 8 chapters and 131 articles. • Similar to previous constitutions, Emperor's power and prominent officials' power were not limited. • Democratic and human rights of citizens were not guaranteed. 1987 Constitution of the People's Democratic Republic of Ethiopia (PDRE) • The Derg regime removed the feudal monarchy in 1974, leading to a period known as constitutional vacuum. • The 1987 PDRE constitution, with 7 chapters and 119 articles, transitioned the government from monarchy to republican. • It introduced secularism, the separation of state and religion for the first time in Ethiopia. • Despite its introduction, the constitution did not leave a legacy of democratic constitutional order. • After 17 years, the Derg regime was overthrown by the Ethiopian People’s Revolutionary Democratic Front (EPDRF) in May 1991. 1991 Transitional Charter • Introduced by EPRDF in May 1991. • Acted as law of the land from 1991 to 1995. • 20 articles addressed fundamental issues. • Recognized freedom, equality, and self-determination of all nationalities. • Emphasized high priority on human rights. 1995 FDRE Constitution • Finalized the Transitional Charter period. • Introduced a federal state structure for the first time. • Introduced parliamentary democracy. • Established two parliament houses: House of Federation and House of People Representatives. • Guaranteed citizens' rights, freedoms, and duties. • Includes a preamble, 11 chapters, and 106 articles. The fundamental Constitutional Principles of the 1995 FDRE Constitution The 1995 FDRE constitution has the following fundamental constitutional principles. These are: A. Popular sovereignty (Article 8) B. Supremacy of the Constitution (Article 9) C. Respecting Human and Democratic Rights (Article 10) D. Secularism or separation of state and religion (Article 11) E. Transparency and Accountability of Government (Article-12)