Analysis of the Hierarchy of Laws in the Ethiopian Legal System
Executive Summary
The hierarchy of laws in Ethiopia is a structured "chain of subordination" wherein laws derive
their validity and authority from the rank of the state organs that create them. Historically,
Ethiopia transitioned from a unitary system under the 1955 Revised Constitution and the 1987
PDRE Constitution to a federal structure under the 1994 FDRE Constitution. Across all regimes,
the Constitution has remained the supreme law of the land, though the specific categorization
of primary and subordinate legislation has evolved.
In the current federal system, the 1994 Constitution sits at the apex, followed by international
treaties and federal proclamations, which generally hold equal status. Below these are federal
regulations and directives. Simultaneously, the nine autonomous regional states maintain
their own hierarchies, led by State Constitutions which must conform to the Federal
Constitution. This document provides a detailed examination of these legal structures, their
historical context, and the principles governing their application.
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1. Conceptual Framework of Legal Hierarchy
Hierarchy in a legal context refers to an "ascending series of ranks or degrees of power and
authority." This structure establishes a system where each level of law is subject to the one
above it.
• Derivation of Validity: Laws derive their validity from the authority of their makers.
Consequently, the relationship between laws reflects the power relationship between
state organs.
• Order of Importance: The rank of a law is directly related to the importance of the
organ that enacted it.
• Purpose: Establishing a hierarchy is essential for resolving conflicts between laws and
ensuring a coordinated legal order.
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2. Hierarchy under the Unitary Form of Government
Prior to 1994, Ethiopia operated under a unitary structure where all state organs were
subordinate to the central government.
2.1 The Revised Constitution of 1955
The 1955 Constitution established a clear vertical order, as articulated in Article 64, requiring
obedience to laws in the following descending order:
1. The Constitution: The supreme law; all primary and subordinate legislations were
inferior.
2. Primary Legislation:
o Proclamations: Enacted by the concordant wills of the Parliament and the
Emperor.
o Decrees: Issued by the Emperor's will alone, pending parliamentary approval.
o Orders (Capital 'O'): Issued by the Emperor under his prerogative powers (Art.
27).
3. Subordinate (Subsidiary) Legislation: Laws proceeding from delegated authority.
o Orders (Small 'o'): Ministerial orders (Art. 144).
o Regulations, Legal Notices, and General Notices: Issued by executive
authorities.
2.2 The PDRE Constitution of 1987
Under the PDRE Constitution, the National Shengo was the supreme organ of state power, yet
it remained subordinate to the Constitution.
Rank Legal Instrument Issuing Authority
1 Constitution Adopted by Referendum
2 Proclamations National Shengo
3 Special Decrees Council of State / President (must be approved by Shengo)
4 Ordinary Decrees Council of State / President
5 Regulations Council of Ministers
6 Directives Individual Ministries / Regional Shengos
• International Treaties: Unlike the previous regime, the 1987 Constitution placed
treaties on equal footing with ordinary decrees issued by the Council of State.
• Regional Directives: These were positioned at the bottom of the hierarchy as
administrative regions were strictly subordinate to central authorities in the unitary
state.
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3. Hierarchy under the Federal Democratic Republic of Ethiopia (1994)
The 1994 Constitution introduced a federal structure, dividing power between the federal
government and nine autonomous states.
3.1 Supremacy of the FDRE Constitution
Article 9(1) declares the Constitution the "supreme law of the land." Any law, customary
practice, or act of government that contravenes it is invalid. It is "rigid," meaning the power of
the legislator to alter it is strictly limited.
3.2 The Status of International Treaties
The position of international treaties is a point of legal interpretation:
• Supremacy vs. Constitution: Article 9(4) makes ratified treaties an integral part of
Ethiopian law. Because they are subordinate to the Constitution under Article 9(1),
they cannot override it.
• The Interpretation Deadlock: Article 13(2) mandates that fundamental rights be
interpreted in conformity with international instruments (UDHR, etc.).
o Kenenissa’s view: International human rights instruments should be as
supreme as the Constitution.
o Ayele’s view: These instruments are references for clarity in cases of ambiguity
but do not override the Constitution when its provisions are clear.
• Treaties vs. Proclamations: Both are ratified/enacted by the House of Peoples’
Representatives. Therefore, they are generally considered equal in rank. If a conflict
arises, the principle of lex posterior (the subsequent law prevails) applies.
3.3 Federal Legislation Hierarchy
1. The Constitution
2. Proclamations / International Treaties: Enacted/ratified by the House of Peoples’
Representatives.
3. Emergency Decrees: Issued by the Council of Ministers (Art. 93). While normally
subordinate to proclamations, they can temporarily suspend certain rights and repeal
proclamations during the emergency period.
4. Regulations: Issued by the Council of Ministers based on power delegated through
proclamations.
5. Directives: Issued by individual ministries.
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4. Hierarchy within State (Regional) Laws
The nine states (Tigray, Afar, Amhara, Oromia, Somali, Benshangul/Gumuz, SNNP, Gambella,
and Harari) have the power to enact their own laws on matters within their jurisdiction.
• State Constitutions: These are the supreme laws of the respective regions, provided
they are consistent with the Federal Constitution.
• State Statutes: Enacted by State Councils.
• State Emergency Decrees: Issued by state executives when the State Council is not in
session. These are considered higher than state regulations due to the "serious
danger" they address.
• State Regulations and Directives: Issued by state executive bodies and bureaus.
Federal-State Relationship: While there is no vertical hierarchy between federal and state
laws in their respective exclusive jurisdictions, the FDRE Constitution imposes a duty on states
to respect federal power. Thus, federal laws like international treaties are not affected by
state laws.
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5. Comparative Summary of Legislation Types
The text distinguishes between primary and subordinate legislation based on the source of
authority.
Category Definition Ethiopian Examples
Laws made by the supreme legislative Proclamations, Constitutional
Primary
body or those empowered directly by the Orders (1955), Emergency Decrees
Legislation
Constitution. (1994).
Laws proceeding from authorities other
Subordinate Ministerial Regulations,
than sovereign power, dependent on
Legislation Directives, Legal Notices.
delegated authority.
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6. Key Conclusions and Observations
• Constitution as Anchor: Throughout Ethiopian legal history, the Constitution has
consistently been placed at the top of the hierarchy to serve as the source of validity
for all other laws.
• Sovereignty of the Maker: The 1987 system emphasized the power of the National
Shengo, whereas the 1994 system emphasizes the supremacy of the constitutional
covenant itself.
• Temporal Resolution: In cases where laws hold the same rank (such as treaties and
proclamations), the law enacted later in time prevails over the earlier one.
• Emergency Powers: In both the PDRE and FDRE systems, emergency decrees represent
a unique "exception" where executive-made law can temporarily assume a status
capable of suspending or overriding primary legislation.