Jimma University/College of Law

and Governance/School of Law

Federalism
Ashenafi Belete [November, 2022]

1/16/2023 3:20 PM
 Introduction
2

 What is federalism?
 Why we need federalism?
 What makes federalism different from other form of
government?
 What is Ethiopia?
 How Ethiopia is formed and the forms of
government in Ethiopia from ancient to present?

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Federalism is …
3

… a compact referring to the unity among

political entities, while at the same time
retaining the autonomy of the entities.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Rationales for having federalism
4

To accommodate unity in diversity

To avoid concentration of power

To grant the right to self

determination for constituent states

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Unique Features of
Federalism
5

Two or above • National state

sovereign • Regional states

Sharing of • Legislative
power • Revenue

• One country
Unity in
• Self governing
Diversity states

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Ethiopia
6

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Ethiopia is …
7

“… the land of the “… the only country in Africa

Abyssinians with that defeated European
dominant position colonizers, with the rest of the
of the Amharas and world being hostile to Africa.”
the Tigrayans called
‘habasha’s rule’ ”

“A Christian island
pride of Africans and “… the prison house of
Negroes, symbol of nationalities.”
unflinching defiance”

 Generally, Ethiopia implies different things for

different persons because of different history.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Chapter One:
The Context of the Federal System in Ethiopia
8

Pre-Menelik II
• De-facto
Federalism

Post-Menelik -
• Period of
1991 Centralization

Post • De-jure
1991 Federalism

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 De-facto Federalism
9

 Gondar, Shewa, Tigray … kingdoms … Ethiopian Kingdoms

 The wallaga and Ilu Ababor kingdoms … June 6, 1882
 The five Gibe kingdoms … Annexed after battle of Embabo
 Limu Enarya

 Gomma

 Guma

 Gera

 Jimma

 The Sidama, walayita, kafa, … kingdoms … 1894

 The muslim sultanates of Harar, Afar and somali … 1897
 The Gambela, Benishangul, and other peripheral states …

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Centralization Period of 1930-1991
10

 Menelik II declared in 1906 that he could take away

power of nobilities anytime he wishes without giving
any reason … but he didn’t acted seriously
 Coming into power of Haile Sellasie marked the end
of powers of nobilities and full centralization
process. The tax system was centralized.
 For example the power of Abba Jifar II was ended in 1932
 The Power of Southern, Southwestern and Eastern
parts were also ended and centralized during the
same time.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Effects of Centralization
11

 The institution and culture of the northern were

imposed on the incorporated southern states,
 Failure to accommodate diversity based on religion,
language, tradition and culture.
 This led to the question of nationalities (Read Walleligne
Mekonnen’s Article on this issue)
 The political and economic dominance of northern
over the southern led to civil wars.
 The absolute monarchy of the state became a danger
to the state by it self!
 “God can not be blamed, the King can not be accused”

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Era of Written Constitutions
12

The 1931 constitution

 The purpose of the constitution were;
 Showing the world that ‘Ethiopia has constitution as modern
states’ by Japanizing Ethiopia
 Building and protecting the power of the emperor

 The constitution provided that;

 The power of Emperor was unlimited and unquestionable
 Emperor was the head of the executive, the fountain of
justice, the agent of change and the law-giver.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The 1955 constitution
13

 The constitution continued re-enforcing the process

of centralization.
 Civil and political rights of subjects and supremacy
of law were provided by the constitution
(theoretically)
 It introduced of the representative principle for the
chamber of Deputies (Universal suffrage by adults)
 The Ethio-Eritrean Federation of 1952-1962
 The Eritrean federation was abolished by acts of Eritrean
assembly; Flag (1958), Penal code (1959), Eritrean
Administration instead of Eritrean gov’t (1960), total
abolishing of federation (1962) … 1993

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The 1987 PDRE constitution
14

 The final stage to complete the institutionalization and

monopolization of power was made by adopting the 1987
PDRE constitution.
 There was only one party i’e WPE (Workers Party of Ethiopia), National
shengo (as parliament) although its roles were undertaken by State
Council which was permanent executive, legislative and administrative
organ of the National Shengo and undertakes the day to day activities of
state.
 The Constitution stated that Ethiopia is a unitary state
constituting administrative and autonomous regions i’e (5
autonomous regions and 24 administrative regions.)
 Recognized the presence of different nationalities in
Ethiopia and tried to address the questions of nationalities.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 The Transitional Period Charter
15

 The defeat of Derg in 1989 at Shire of Tigray led TPLF

and EPLF to transfer themselves liberator of whole
country.
 The national conference held in Addis Ababa in July 1-5,
1991 created the transitional charter which was used as
constitution during the transitional period.

 The Charter established the framework for the

provisional government, guaranteed nationalities to
preserve their identity, administer their own affairs
within their own defined territory, the right to participate
in the central government based on fair and proper
representation, and the right to self-determination.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The FDRE Constitution
16

 Article 46: States of the Federation

1. The Federal Democratic Republic shall comprise of
States.
2. States shall be delimited on the basis of the
settlement patterns, language, identity and consent
of the peoples concerned.
 Article 47: Lists of member states
 Article 48: State border disputes

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Two
Some Common Features Among Federations
17

 Every federation operates within a specific local

context. For example,
 federation in Nigeria and Ethiopia aren’t the same, even
though both countries adopted ethnic federalism.
 Failed federation in former USSR and Yugoslav
because of ethnic conflict after cold war …
 The current successful usage of federation in about
40% population of the world …
 The European union which shows the features of
both federation and confederation …

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Why we need federalism?
18

 Federalism is “the closest institutional solution”

since it combine both shared rule for some
commonly shared purposes and self-rule for other
purposes of regional interest in the world today.
• Shared rule vs. Self rule
• Federalism vs. Federation
 “There may be federalism without federations, but there can be
no federations without some matching variety of federalism.”
Preston King
 Federalism is used to solve inter-ethnic conflicts.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Common Features Among Federations
19

Common
Factors

Extra-
Constitutional
constitutional
Factors
Factors

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 1. Constitutional Factors
20

 Division of Powers
 Written and Supreme Federal Constitution
 Rigid Constitution
 Umpiring the Federation
 Origin of Federations and the territorial Autonomy
of the States

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Division of Power
21

1. Division of Power (Constitutionally)

 Legislative
 Judiciary

 Executive

 Financial
• The balance between centrifugal and centripetal forces!
 There are different orientations federalism regarding to
division of power:
 Centralist- center seeking federalism like ‘USA’ and ‘Switzerland’
 Decentralist- Weak central and strong states like ‘West Germany’
 An appeal to balance - co-ordination, balance b/n unity and
diversity … however, perfect balance of power leads to deadlock.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Federalism Vs. Other types …
22

Federal System

Each gov’t level are autonomous

Con-federal System

The power of central depends on states

Unitary/Decentralized System

Local gov’ts are the creation of the center

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Written and Supreme Federal Constitution
23

 The basis of federation is the federal constitution which

is written and supreme.
 Federation: can be seen as compact b/n states to create
federal gov’t and their agreement is the federal
constitution. However,
 Federation, unlike confederation, is not exclusively based on
constituent states.
 The federation of many/almost all nation was not actually arises
from compact.
 Centrifugal federation of Nigeria and Ethiopia (absent of states)
 Imposition of basic law and artificial constituent states on Germany
 The central gov’t is absent in centripetal federation of USA and Swiss

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Rigid Constitution
24

 Participation of federal and state gov’ts is pre-

requisite for amendment of federal constitution.
 No unilateral alteration of the federal constitution by either
level of gov’t since it affects both.
 Rigidity: some constitutions include ‘unamendable’
provision while others make the amendment process
more difficult.
 The USA constitution provides unamendable issue “regarding
equal representation of state in the senate”
 The FDRE constitution is more rigid than any other federation but
it doesn’t provides unamendable provision.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Umpiring the Federation
25

 Umpiring the Federation-is impartial, independent

of both level of gov’t and who decide on issue of
federation (like division of power).
 The body which decide on dispute regarding the
constitutionality of the law and division of
power is needed in federation.
 The Supreme Court in USA (also hear other disputes)
 The Constitutional Court in Germany (only on issue of basic law)
 HoF in Ethiopia to decide constitutionality and issue of federation.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Origin of Federations and
Territorial Autonomy of the States
26

 The existence and autonomy of constituent states

makes federation distinct from unitary which
determine the states (not constitution).
 States have stable territories and any territorial
adjustment to be approved by the consent of the
states.
 Centripetal/center seeking/coming together federations have
prior determined territory. Eg. USA and Switzerland
 There may be territorial problem in centrifugal/going apart
federation since there is pre defined territory.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 2. Extra-constitutional Factors
27

 The essence of federalism lies not in the

constitutional or institutional structure but in the
society itself.
 The essential nature of federalism is in the forces of economic,
social, political, and cultural that necessitate federalism.
 Democratic pluralism and decentralized party
system is essential for all federation.
 It is impossible to have federalism in one party system and the
decision made only by specific group of people.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Three
Federations and Second Chambers
28

 What is second chamber?

 What are the rationales to have second chamber?
 How second chamber is composed?
 What are roles of second chamber?
 Is the essence of federation concerning second
chamber reflected in FDRE constitution?

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Second Chamber …
29

 … is an institution in federation in which the interest

of constituent states is respected at the federal level.
(Rep of member of federation)
 It is also known as upper house which infers the existence of lower
house. The lower house is uniformly organized based on the
principle of proportional representation and there is a less strong
federal element in it.
 There are two main reason to have second chamber
with legislative power in federation.
 The concept of sovereignty in federations: Limits majority
 Constitutional division of power in federation- Shared rule

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The second chamber in Ethiopia
30

 HoF is the second chamber which comprises the

representative of NNP.
 But it is distinct from second chamber in others’ federation
since it is not legislative body.
 In USA congress (legislative body) consist of House of
representative and senate. In Swiss the cantons participate in …
 The second chamber in Ethiopia doesn’t have
legislative power, except
 Concurrent legislative power on residual tax power (Art 99)
 Division of revenue from joint tax (Art 66/7)

 Amendment of the constitution (Art 105)

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Composition of Second Chamber
31

 The basis of composition may:

 Territorial equality Eg. USA and Swiss (somehow)
 Balance of territoriality and citizen equality Eg.
Germany and India
 Close to proportionality Eg. Ethiopia (Justification?)

“Each Nation, Nationality and People shall be represented in

the House of the Federation by at least one member. Each
Nation or Nationality shall be represented by one additional
representative for each one million of its population.”
Article 61/2 FDRE constitution

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Selection of Member
32

 The selection process of member of second chamber

is different for different countries.
 In USA and Swiss the members of Senate are directly elected
by people.
 In India: they are elected indirectly by state legislature (for
most part)
 In Ethiopia there are two ways of election of HOF (Art 61/3)
 Indirect election by the state legislatures or
 Direct election by people when the state legislature decide that the
members to be elected directly by the people.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Powers of Second Chamber
33

 The roles given to second chamber by federal

constitution are also different from one country to
another. There are:
 Symmetrical Power of Second Chamber with Lower Chamber’
 Eg. USA and Swiss
 Participatory and Protective role of second chamber;
 Eg. Germany
 Subsidiary (suspensive) role of Second Chamber;
 E.g India
 The Unique role of Second Chamber in Ethiopia
 Constitutional interpretation and organizing CCI- Art 62

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Role of the HoF in Intergovernmental
Relations
34

 Fiscal Federalism: is about allocation of revenue and

expenditure responsibilities between federal and
states.
 Allocation of power of taxation (Exclusive, Concurrent and
Residual) separately provided.
 Fiscal federalism is important since there is ‘revenue
concentration and expenditure decentralization.’
 Self-determination of nations, nationalities and
peoples,
 Promoting the equality of the peoples,
 Decide on disputes that may arise among states & etc

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Four
Forging Unity out of Diversity
35

 What is ethnic/multi-cultural federation?

 What is nation state/geographical federation?
 Why Ethiopia adopted ethnic based federation?
 What are features of Ethiopian federation?
 How the issue of language is reflected under
Ethiopian federation?
 What features differentiate Ethiopian federation
from other countries’ federation?
 Is there contradiction between theory and practice
regarding Ethiopian federation?

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Multicultural/Ethnic Federalism
36

Nation state federation Vs. Multi-cultural federation?

 The nation state/geographical based federation is based
on the idea of integration or assimilation while
 The multicultural/ethnic federalism is concerned with
accommodation of ethno-linguistic, religious and other
diversities in one country.
 Territory is the base of federalism in both types of federalism since
the federations presuppose the existence of a territorially grouped
diversity.
 Ethnic federalism is based on the idea of reconciling the forces of
unity and diversity by recognizing ethno-regional communities to
have territory.
 The existence of territorially grouped diversity!

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Ethnic Federalism of Ethiopia
37

 The consequence of centralization process

and the formation of different ‘liberation
fronts’ …

 The ethnic federalism and the rights of NNP

to self determination up to secession was
sought as solution for the outstanding and
long time question of nationality.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Features of Ethiopian Federation
38

 Coming together Vs. Holding together

 Preamble “We the NNP of Ethiopia …”

 Article 8 “All the sovereign power resides in the NNP”

 Article 46 clearly shows that Ethiopia’s Ethnic Federalism

 The right to self determination is not subject to derogation …

 These features shows that Ethiopian federation is formed upon
consent of NNP and it shows the coming together features.
 Federation established from former unitary states
 The sole power of federal gov’t in enacting federal law
 Are among the features showing that Ethiopia’s federation is
holding together.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Features … (Distribution of Power)
39

 Having the three gov’t organ at both level is the first step
in distribution of power in federation.
 The Power of federal gov’t: Article 51
 The Power of Regional gov’ts: Article 52
 The Powers given for federal gov’t provided in several
Articles like:
 The power to enact commercial, labor and penal codes (Art 55)
 The power to approve federal appointments (Art 55 …)
 The power to establish federal institutions (Diplomatic …) (Art 70)
 FDRE constitution lacks “a necessary and proper clause”
what is it and why we need it?

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Features … (forms of gov’t)
40

 FDRE constitution adopted parliamentary form

 There is fusion of power since federal executives (ministers)
are the members of parliament at the same time.
 There is powerful Prime minister and President with nominal
and symbolic power. Art 70 & 71
 There is bicameral house at federal level HPR and
HoF. HoF mainly deals with interpretation of
constitution and distribution of revenue from tax
jointly collected.
 Regarding to language the assimilationist and
unitary feature is seen under FDRE constitution
since all other languages are given secondary status.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Distinct Features of Ethiopian Federation
41

 Utmost importance given to the ethno-linguistic

groups within the Ethiopian polity.
• Preamble
• Article 8
• Article 39

 The territorial principle is taken seriously since the

constitution grants ‘mother states’ to NNP and any
nation which is not granted ‘mother state’ can have
its own state anytime.
 Revolutionary federalism … (some region lacks even
political experts)
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Distinct Features… cont’d
42

 Symmetry vs. asymmetry federalism in Ethiopia …

 Theoretically all states have equal power (Article 47/4)
 Practically some states are even unable to exercise their rights

 The balance b/n shared rule and self rule???

 The constitution give more emphasis to self rule but less
emphasis to shared rule …
 The HoF composition based on proportion make it little
significant to nation with smaller popn (affected by decision)
 Even though dominant nation are granted with
‘mother state’ they are not homogeneous … different
ethnic groups live in these regions …
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Distinct Features… cont’d
43

 The two federal houses, exclusive power of HPR on

legislation and HoF interpretation of constitution
because of:
 The FDRE constitution is not merely legal document but political
contract among NNP
 The representative of NNP needs to determine the scope and
meaning of the constitution
 “Political question doctrine” are best answered by political organ
i’e HoF, The judiciary refuses such questions.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Distinct Features… cont’d
44

Federalism and secession

 Article 39 of the Constitution expressly incorporates
the right of NNP to secede after complying with
some procedures. These procedures are:
 Demand for secession has to be made to the legislative Council of
the nation and get 2/3 majority approval from the council.
 The concerned council refer its decision to federal gov’t and the
later has to organize referendum within 3 years.
 The demand for secession have to be supported by majority vote of
referendum.
 The federal gov’t, then transfer its power to concerned council to
determine the division of asset as prescribed by law.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Distinct Features… cont’d
45

“Secession or the emergence of an independent

state does not necessarily result in the
establishment of a stable and democratic state.
Secession or independence simply replicates the
nation state without resolving the controversial
and normative question of how to politically
integrate, share power and resources among
several contending forces. It is for this reason
that a genuine federal system is often preferred
as it gives space for both unity and diversity,
short of fragmentation.”

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 What is more …?
46

 The Ethiopian federation is affected by politically

centralized system which affect the division of power
which is one basic feature of federalism. The
constituent states are made dependent on center
through political party system. This problem is also
common in Nigeria.
 Ethiopian federalism faces critical problems:
 The threat of local tyranny at constituent units’ level.
 The minorities are oppressed by majority at constituent state
level. (Minority-less/non dominant compared to other)
 Numerical majority- Oromo in Oromia, Amhara in Amhara …
 Political majority- Harari, Gumuz/Berta, Nuer/Anuak …

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Problem & Solution
47

 The problem arises from, not constitutional

principle, but non enforcement of these principles:
 The right to engage in any economic activity …
 The right to live any where in a national territory …
 The duty of both level of gov’t to ensure protection to citizen!
 Suggested/possible solution:
 Creating two house at regional state level to protect minorities

 Creation of several federal executive, human right institutions

and Ombudsman in well organized way to enforce the
constitutionally granted rights

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Five
Division of Legislative Powers
48

 What is division of power?

 What is division of legislative power?
 What are types of division of legislative power?
 Which level of gov’t do have wide power in Ethiopian
federation?
 What is necessary and proper power? What is federal
supremacy clause? Are they provided in FDRE
constitution?
 How Federal gov’t can interfere in regionals?

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Division of Legislative Powers
49

Exclusive Residual

Powers
powers Shared Powers

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Division of legislative power Cont’d …
50

 The division of power is inherent feature of

federalism. So, there are legislative, judiciary and
executive branch at the both level of gov’ts.
 Distribution of legislative power include the forms
(the ways) and the scope (amount/jurisdiction) that
given to both level of gov’ts by federal constitution.
 Forms of distribution of legislative power refers to the ways in
which these powers are constitutionally allocated between the
federal government and the states, i’e techniques …
 Scope of legislative powers refers to the areas and amount of
jurisdiction assigned to each order of government, i’e substance …

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Division of legislative power Cont’d …
51

 The way of the division of power regarding the three

organ of gov’t for all federation are not similar …
“The federal system in USA is designed to enable both the federal
government and the states to enact law, to execute and adjudicate it.
Legislative, executive, judicial and financial powers are allocated
based on the idea that there should some correspondence with the
scope of legislative, executive, judicial and financial powers.”
 Despite specific variations among the federations,
there are some common features one observes in the
forms of distribution of legislative powers between
the federal government and the states.
 Division of legislative power can be expressed in three forms, i’e
exclusive power, shared power and residual power.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 1. Exclusive Legislative power
52

 Exclusive powers refers to the powers for which the

federal constitution has created a monopoly, given
only to one level of gov’t either federal or states.
 In many federation, the federal constitution list
exhaustively the power of federal government and
leave unlisted power to states government (residual).
 For this reason the act of federal gov’t beyond listed power is
invalid while the acts of states beyond the power given to them
constitutionally remain valid (unless it is expressly/impliedly
prohibited). This is known as doctrine of enumerated power.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Exclusive power … cont’d
53

 The FDRE constitution under Article 50/2 provides

the existence of the three organ of gov’ts (legislative,
judiciary and executive) at both level.
 The constitution enumerate the federal power and
gave the residual power to regional states. It seems
like the regional states have wider power than federal
gov’t. But the exclusive power of federal gov’t is not
limited to Art 51 of the constitution.
 The “necessary and proper clause” is also impliedly
provided under FDRE constitution (Article 51/2 & 3)

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Exclusive power … cont’d
54

 Maters of national importance are exclusively given

for federal gov’t; like
 National Defense Force to have common defense
 Foreign relation for enforcement of treaty by one organ under IL.
 Financial and monetary power for common economy
 Enactment and enforcement of law which are of national interests.
 Inter-states relation like transport and other communications.
 Power to declare state of emergency over all or in part of country.
 Power to determine matters of nationality, immigration, refugee,
passport, asylum …
 The power to establish uniform calendars & etc

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 2. Shared Legislative Power
55

 Shared powers represent the meeting point of the

two levels of governments. It is the place in which
both the federal and states participate to exercise
some power.
 The reasons of having shared power include:
 The difficulties to allocate certain power to either level of gov’t.
 The need of federal gov’t to encourages and guides states.

 Since the regime of shared powers is unavoidable,

federal constitutions often provide mechanisms of
handling conflict situations between the federal
government and states.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Shared Legislative Power…
56

 Some spheres of shared power include:

 Economic affairs, like …
 Regulation of trade and commerce
 Industries, labor and economic planning
 Social affairs/services like …
 Education, health protection and welfare of citizens, insurance, and
assistance for old age, unemployment, accident, and workers
compensation…
 The reason for involvement of both level gov’ts in these sphere is
stated as:
• The personal nature of the services, the need to adapt them to local
circumstances and their close relation to other aspects of local
government urge for state power while;
• Extensive federal financial assistance necessitates the participation of
federal gov’t in these spheres.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Types of Shared Powers
57

Shared Powers

Framework Concurrent

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Framework Powers
58

 Framework power is when the federal gov’t legislate

general laws in a federation and leave the states to
enact more detailed legislation on the same area in
order to adopt the policy in the local context.
 The federal law create the general standard while the
constituent states fills the gaps.
 Framework power helps for significant
decentralization of policy-making authority without
sacrificing uniformity.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Framework power (Ethiopia)
59

 There is no express provision for shared power under

FDRE constitution except for tax power. However,
framework power impliedly provided in:
 Article 55/6 enactment of “Civil Laws” (which is the power of
states in principle) and made framework power b/c …
“necessary to establish and sustain one economic community”
 Article 51(2,3) Vs. Article 52/2(c): Enactment of laws by the
federal gov’t “…national standards and basic policy criteria”
 Article 51/5 Vs. Article 52/2: Land Law
‘Federal government is empowered to enact laws for the
utilization and conservation of land while the states are
empowered to administer land and other natural resources.’

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Concurrent Powers
60

 Concurrent power is the area where both the federal and

states gov’ts can exercise their respective power
simultaneously or depending on whether the matter is of
national importance or regionals’ concern.
 Concurrent powers provide an element of flexibility in the
distribution of power enabling the federal government to postpone the
exercise of potential authority in a particular field until it becomes a
matter of federal importance.
 Under FDRE constitution enactment of penal laws on the
matter not covered by federal penal law can be
considered as concurrent power b/c states may enact
only if the federal penal law does not exhaust the list of
offences. Article 55/5

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Conflict Between Federal and State Law
61

 Conflict between the federal and state laws in the area of

concurrent power is the important issue to be regulated
in federation.
 Most federation provides the ‘federal law supremacy clause’ to make
federal laws prevails over the states law in case of contradictions. (Eg.
USA, Switzerland, India …)
 There is no express pre-emption of federal law clause in
Ethiopian federation but:
 The CCI by provided that ‘laws issued by regional states in
contradiction to federal laws are of no effect regarding administration
of land.’
 Proclamations, for instance (Proc. No 25/1996 under Article 6/2)
provided that regional states’ laws which are not consistent with
federal laws and international treaties are not applicable by federal
courts.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 3. Residual Powers
62

 Residual powers represent those powers not listed or

partly listed by federal constitution and assigned to
either unit of government.
 These powers may be arise from changes in
distribution of powers or new responsibilities that
have come about because of changes in new
circumstances.
 The United States, Switzerland, Germany, and
Ethiopia (Article 52/1) have preferred to leave
residual powers with the states while in India such
powers belong to the center.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Importance of Residual Powers
63

 It avoids the possible conflict on the unforeseen power or

new power b/c it determine the gov’t level who may
exercise the power when it come to existence.
 It shows the sovereignty of states who are given the
residual power (Eg. USA federation shows the
constituent states had not totally surrendered to the
federal government). (The doctrine of enumerated power)
 It also protect the constituent states from uncontrolled
power of federal government or in other words it may
prohibits an ‘excessive centralization of power.’

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Comparative Study of Division of Power
64

 Formally speaking, the Ethiopian regional states have

wider power than constituent states in any other
federation. This can be inferred from:
 The regional states in Ethiopia have their own constitution with the
power to create and amend it any time and their own legislative organ
(unlike constituent states in India).
 Unlike the states in Switzerland and Germany as well as India the
states in Ethiopia can enact their own procedural and civil codes.
 FDRE constitution has also no express “necessary and proper‟ clause
as in the United States or a comprehensive list of shared powers as in
Germany.
 The regional states also have wider power in self-determination and
the sovereignty of nationalities.
 The constitution is clear to authorize the states “to formulate and
execute social and development policies, strategies and plans of the
state” within the overall federal framework.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Power of Federal Vs. States
65

 It has been argued that “the powers of the member states

are relatively meager and this has been reinforced by the
regional governments fiscal dependency on federal level.”
 In addition to fiscal dependence of states on federal gov’t,
the policy-making is also very much centralized.
 The regional states are excluded from foreign policy
power and from participation in legislative activity of
federal gov’t. So the Ethiopian federation is designed
completely with an emphasis on self-rule but not much
on shared rule.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Federal Intervention in Regions
66

 The emergency and intervention are different since:

 Emergency refers more to an extraordinary than to normal
circumstances that necessitate the use of special powers in order to
arrest a crisis situation, while
 Intervention refers to federal gov’ts interference with the states even
in normal circumstances or situations not provided by the
constitution.
 In many federation, including in Ethiopia, it is normal if
federal executive intervene in regional states during
emergency (to avoid threat on nation).
 However, in Ethiopia there is law which permit the
federal gov’t to intervene in regional gov’t, even in
normal circumstance (even where there is no
emergency).

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Condition for Intervention
67

 There are three situation for intervention:

 The request of a state administration, federal defense forces to arrest a
deteriorating security situation within the requesting state when its
authorities are unable to control it.
 The HPR shall on its own initiative request a joint session of the HoF
and of the HPR to take appropriate measures when state authorities
are unable to arrest violations of human rights within their
jurisdiction.
 The HoF shall order under Article 62(9) federal intervention if any
state, in violation of this federal constitution endangers the
constitutional order.

 Read “System for the Intervention of the Federal

Government in the Regions Proclamation No. 359/2003.”

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Six
Division of Executive Power and
Intergovernmental Relations
68

 How federal laws can be enforced throughout the

territory of the country? Which organ is in charge?
 Does federal laws applicable only in Addis Ababa and
Dire Dawa?
 What is Intergovernmental Relations and how it works
in Ethiopia?
 What are dual and executive federalism?
 Is Ethiopian federalism is competitive or cooperative?
 What are the scheme of inter-governmental relation in
Ethiopia?
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Dual Executive vs. Functional Federalism
69

 Inter-governmental relation: - is the relation

(formal or informal) b/n federal & state gov’ts
regarding co-ordination of policies on shared powers,
horizontal relations between the constituent states or
even the relations between the federal government and
the local governments.
 Dual Executive is the situation in which federal
systems enforce their laws and policies by setting up
dual structures (federal and state institutions) while
functional federalism is the way of enforcing
federal laws by entrusting the state machinery with the
power to enforce both federal and state laws.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Direct Enforcement by Federal Agents
70

 The FDRE constitution does not expressly provided how

federal laws can be executed in overall areas of the
country, but it can be inferred from it that:
 the organization of the federal executive is co-extensive with the
division of legislative power (Art 50/2 of FDRE constitution).
 It seems there are parallel federal and state executive organs in charge
of enforcing federal and state laws respectively.
 Some executive organs are organized throughout the
country to enforce federal laws. These institutions
include Customs Authority, Federal Inland Revenue,
Telecommunications, Postal Services, Insurance and
Banking and Federal Public Prosecution. Their aim is to
enforce exclusively federal laws.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Delegation
71

 Delegation is the mechanism by which the federal

government authorize respective regional states’
executive machinery to enforce the federal laws in a
given region. (Article 50/9 of FDRE constitution)
 By delegation the executive organ of state gov’ts directly
enforces federal laws.
 Sometimes, the state gov’ts take over the duty of
enforcing federal laws despite the absence of direct
authorization. This shows the lack of a well-organized
institutional setup for the enforcement of federal laws as
well as the fact that the system of intergovernmental
relations in Ethiopia is not well developed.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Division of Executive Power
72

 The clear division of executive power in Ethiopia is

essential b/c:
 The constitution does not have comprehensive list of concurrent
power and if there are conflicts on power the adjudication of the
dispute is not easy as courts does not have power to decide the issue
and the HoF is not well organized.
 There are little or no formal intergovernmental relation, even the
existing intergovernmental relation is at its infant stage.
 The Ethiopian Second Chamber doesn’t have legislative power and the
constituent states’ participation at the federal level is minimum.
 Therefore clear division of executive power helps to avoid
dispute on power and for smooth relation b/n the two
level of gov’ts.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Dual Federalism
73

 There is allocation of executive power like the legislative

power allocation (Parallel/co-existent)
 Each level gov’ts remain autonomous and each must act
directly towards the people in the process of enforcing its
laws.
 There would be little overlap or sharing of functions
between the two governments, for this reason the is dual
polity which create dual or layered cake federalism.
 It is also known as competitive federalism since there is
competition between the two levels of government as
each legislates, executes and adjudicates its own laws.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Executive Federalism
74

 Executive Federalism implies that the enforcement of federal

legislative is constitutionally assigned to the constituent
states/units.
 The country’s administrative agency is undertaken by the
constituent states since they are just executes federal laws.
 The constituent states may determine how the federal laws are
enforced, but the federal gov’t can also provide a rule of
implementation.
 State authorities may be subject to strict instructions from
highest federal authorities and failure to execute the federal law
is constitutional violation.
 The executive federalism is also known as cooperative
(functional) federalism since legislative power mainly belongs to
the federal government and execution to the states.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Intergovernmental Relations in Ethiopia
75

 The issue of Intergovernmental Relations is wide and

complex, cannot be perfectly completed overnight.
 It has taken a century or more for other federations to settle
these relationships by legislation, litigation, political
practice, and tradition.
 In Ethiopia, there is neither a comprehensive dual structure
nor executive federalism at work. The institution of co-
operative federalism, too, is not well-known.
 The system Inter-governmental relations in Ethiopia works
through:
 Delegation of Power
 Co-operation through Executive Institutions
 Co-operation through Party Channels
 Co-operation through the Process of Policy-Making
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Delegation of Power
76

 The delegation of power provided by FDRE constitution

is “downward delegation” b/c it is only federal gov’t who
delegate its power to regional states and there is no
express clause permitting the states to delegate their
powers to the federal gov’t and also there is no
prohibition on it.
 It is inherent in delegation that whoever has delegated
power can also take it away at any moment.
 Federal practice so far indicates that the federal
government delegates the states some aspects of the
executive rather than legislative powers, with the
exception of a few framework laws.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Co-operation through Executive Institutions
77

 The political relationship between the federal gov’t and

the states is regulated by both formal structures as well
as practice outside the legal framework. (Ministry of
federal affair is one way)
 The level of dev’t regional states in Ethiopia is not equal.
Oromia, Tigray, Amhara and SNNPR have relatively
greater level of political and economic dev’t while
Gambela, Benshangul-Gumuz, Afar and Somali are
known as “emerging states” or “less developed states”.
 The Federal gov’t is required to assist those less
developed states, this states-federal relation is operated
under Ministry of federal affair.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Co-operation through Party Channels
78

 The Party Channel is the most pervasive scheme used by the

federal government to influence state governments as well as
to guarantee uniformity of policies.
 If the officials of both sets of government are adherents of the
same ideology or followers of the same leader or leaders, then
they might be expected to pursue harmonious policies.
 If one homogenous political party controlled all gov’ts (both
federal and the state), there would be no occasion for
intergovernmental conflict.
 However, if the same party organization controls both level of
gov’ts and has a centralized party structure, this might weaken
the power of the regional gov’ts in a way that undermines
regional autonomy.
 The party structure in Ethiopia undermines the federal
division of power and subordinates the regional gov’ts to the
federal gov’t.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Co-operation by the Process of Policy-Making
79

 The federal gov’t may influence the regional states through

its nation wide policy making power only on the power
expressly given to it by the constitution.
 Furthermore, the federal gov’t sometimes make policy in
excess amount (beyond) its power.
 For example, the federal government may enact policy in areas covering
elementary education that are according to the Constitution within the
competence of the states and this may be justified on the ground of state
governments’ lack of expertise who may design the necessary policy in
the area.
 In general the states accept the economic, social and dev’t
plans issued by the federal government due to:
 The power of federal gov’t to enact national policies &
 States lack the required expertise to bring alternative policies.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Chapter Seven
Federalism and the Adjudication of Disputes
80

 How Ethnic Federalism is adopted in Ethiopia?

 Does Ethnic Federalism always successful system?
 How conflicts in federation are resolved?
 Is umpiring organ in Ethiopia is independent from
both federal and regional gov’ts?
 Is judiciary in Ethiopia is dual or just subordinate to
federal judiciary? In other words do we have federal
and states courts which have their own
(constitutionally granted) powers?
 Is there any shared judiciary power b/n federal and
state courts? What kind? How it is exercised?
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Introduction of Ethnic Federalism
81

Historical Marginalization
Disintegrated Ethiopia (Pre 1855) Centralization and Marginalization

Nationalism

“Question of nationalities" Revolution 1974 & Marxism

Ethnic Federalism in Ethiopia

Formation of several Fronts Adoption of Federalism 1991-1995

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Introduction …
82

 Ethnic federalism does not always successful since it

was failed in former federations of the USSR and
Yugoslavia but it can also be the most successful
political system as in Switzerland and India.
 As such diversity is not a threat in itself, it becomes a
fertile ground for conflict only if the system fails to
provide a political solution to it in the form of
resource and power sharing, the accommodation of
the groups to the decision-making process and by
ensuring self -rule.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Role of the Umpiring Federation
83

 The presence of a body that umpires disputes concerning

the constitutionality of laws in general and the division of
powers in particular is critical in federation.
 The umpiring body in federation must not rest either
with the federal government alone or with the states.
 Since the division of power is artificial, imperfect and a
generalized skeletal thing, the possibility of dispute
cannot be permanently avoided.
 Hence having umpiring body in federation helps to cope
up these problems and this crucial function is granted to
the HoF in Ethiopia.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Constitutional Adjudication
84

Adjudication of
Constitutional
Matters

Centralized
Diffused (USA)
(Europe)

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Diffused System
85

 The diffused (decentralized) system also called the

American- system accords every branch of the judiciary
the right to review the constitutionality of laws.
 In principle any court has the power to declare any law or
decision of an executive body unconstitutional, if such a
law or decision violates the constitution, final appeal
being reserved to the federal Supreme Court.
 The ordinary courts decide constitutional issues in the
process of disposing their routine function and review of
constitutionality is, therefore, something that comes to
the courts incidental to the case.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Centralized system
86

 The centralized system confers the power of reviewing

the constitutionality of laws to constitutional courts.
 Distinct from and independent of the ordinary courts,
the Constitutional Court serves as a watchdog for the
enforcement of the supremacy of the constitution.
 The Court does not involve itself in the ordinary
settlement of disputes unless the case relates to a
constitutional question.
 Hence, the challenges of “judicial activism” are less
serious in Germany (centralized) than in the United
States (diffused).
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 The Ethiopian Choice (HoF)
87

 The Ethiopian Second Chamber (HoF) is empowered

to decide constitutional disputes and also to interpret
the constitution under Article 62 & 83 of FDRE
constitution.
 The rationale behind vesting the power of interpreting
the constitution in the HoF are:
 The nature of constitution in general and the role of NNP in
particular shows that the constitution is political compact b/n NNP
and the organ who should granted with this power must be their
representative (HoF).
 To avoid judicial activism- which might result in hijacking the very
document that contains the “compact b/n the nationalities” to fit
the judges‟ own personal philosophies

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 HPR vs. HoF
88

 If HoF is the organ which empowered to review the

constitutionality of all laws (enacted by HPR and
other organs…) how HPR can define the power of
HoF by enacting proclamation? Is the proclamation
by itself constitutional? Which organ can review its
constitutionality?
 The constitution does not wipe out the role of
judiciary and Proc 1234/2021 gave the courts the
power to entertain case involves constitutional
question leaving the final say to HoF.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Limitations on HoF
89

Article 83: Interpretation of the Constitution

1. All constitutional disputes shall be decided by the House of the
Federation.
2. The House of the Federation shall, within thirty days of receipt,
decide a constitutional dispute submitted to it by the Council of
Constitutional Inquiry.
Article 67: Sessions and Term of Mandate
1. The House of the Federation shall hold at least two sessions
annually.
2. The term of mandate of the House of the Federation shall be five
years.
 The HoF session being only twice in a year and with the
increase in the number of intergovernmental conflicts,
the House certainly will be an inefficient institution of
the task of constitutional interpretation.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Judiciary in Federalism
90

 The division of judiciary power in federalism is controversial since

there are different approach in different federal countries regarding
how they introduced judicial hierarchy.
 There are dual set of courts, for instance in USA and Ethiopian federalism. The
federal courts applying and interpreting federal laws and another set of state
courts applying and interpreting the laws of each state.
 Subordinate courts of state to the federal courts, for instance in Germany,
Switzerland and India all lower and intermediate courts of appeals are state courts,
whereas all courts of final appeals are federal tribunals.
 The FDRE Constitution states that supreme federal judicial
authority is vested in the federal Supreme Court and State Supreme
Courts shall have the highest and final judicial power over State
matters. (Article 80)
 By virtue of delegation the state Supreme Court exercises, in
addition to its state jurisdiction, the jurisdiction of the federal High
Court and the state high courts exercise, in addition to their state
jurisdiction, the jurisdiction of the federal First Instance Court.
(Article 78/2)

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Shared Judicial Power
91

 The existence of dual court does not necessarily

imply that each level of courts exercise only exclusive
judiciary power. There are shared judiciary power
like:
 Labour case, Criminal case, Commercial case … which are the
federal laws according to Article 55/3&4 of the constitution are
adjudicated by state courts in their regular discharge of judicial
duties, not in their delegated powers.
 The fact that the federal Supreme Court does also review state
cases when it discovers errors of law also suggests the existence of
shared judicial powers.
 The FDRE constitution under Article 13/1 provides that “All
federal and state legislature, executive and judicial organs at all
levels shall have the responsibility and duty to respect and enforce
the provisions of this chapter [chapter three].”
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Jurisdiction
92

 The FDRE constitution Prohibits the establishment of

special or ad hoc courts under Article 78/4, b/c
 Special or ad hoc courts which take judicial powers away from
the regular courts or institutions legally empowered to exercise
judicial functions and which do not follow legally prescribed
procedures shall not be established
 Special or ad hoc courts (most of tribunals) in Ethiopia are neither
autonomous nor subject to review at a higher level.
 However, based the case they may entertain and to deal with case
overload of regular courts, these tribunals are established and their
number increases from time to time …
 The jurisdiction of courts and the powers they have to
adjudicate cases is constitutionally guaranteed by the
FDRE constitution under Article 79.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Jurisdiction … cont’d
93

 The jurisdiction of court directly relates with the rights of

individual to access to justice.
“Every one has the right to bring a justiciable matter to and to obtain a decision or
judgment by, a court of law or any other competent body with judicial power.”
Article 37/1
 The FDRE constitution suggests that not all disputes are within
the scope of judicial power. Judges or other bodies with judicial
power decide only justiciable matters, those that arise from
actual cases and are capable of settlement by legal methods.
 It also states that the State Supreme Court shall have the highest
and final judicial power over state matters. But cannot be clearly
understandable what constitute federal or state matters. The
court embellishment Proclamation defines this issue (it provides
the grounds to consider certain matter belong to federal or
states). (The place, the parties and the laws)!

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Jurisdiction … cont’d (Delegation)
94

 The delegated function of state courts is restricted to

exclusive federal matters rather than to shared federal
powers. As far as shared power is concerned they do not
need any delegation.
 The decision of state supreme court on delegated power
can be appealed to and revised by federal supreme court
but the decision of state supreme court on shared power
cannot be appealed and revised by federal supreme
court, except for cassation. (Article 80/6). The federal
Supreme Court by way of cassation does review even
cases arising from state laws, a much wider power not
enumerated expressly under Article 80 of the
constitution.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 The Power of Cassation
95

 The federal Supreme Court has found ways and means of

reviewing state Supreme Court decisions even when the
case does not involve federal law. It is though power of
cassation.
Article 80/3: Notwithstanding the Provisions of sub-Articles 1 and
2 of this Article;
(a) The Federal Supreme Court has a power of cassation over any
final court decision containing a basic error of law. Particulars
shall be determined by law.
(b) The State Supreme Court has power of causation over any final
court decision on State matters which contains a basic error of
law. Particulars shall be determined by law.
 This mean that the federal Supreme Court has the power
to review all final decisions rendered by any court
throughout the country.
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM
 Conclusion
96

 Federalism is considered as the golden political system since it

allows to have one united nation even if there are diversified
societies in the country. It helps to build one strong nation from
different identities.
 Ethiopia adopted ethnic based federalism since 1991 on the
ground of long lasted question of nationalities which led to
establishment of d/t fronts based on the identity of their own
nation, like TPPF & OLF. The ethnic federalism and the rights
of NNP to self determination up to secession was sought as
solution for the outstanding and long time question of
nationality.
 The FDRE constitution introduced federalism and the rights of
NNP to self determination up to secession. Giving this wide
power to NNP make the constitution unique, from constitutions
of others federation.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Conclusion … cont’d
97

 Every federation operates within a specific local

context. However there are common features among
all federations in the world. These common features
may constitutional & extra-constitutional.
 Federalism is distinct from confederation and
unitary type of gov’ts, in a sense that, among other
things, there are two level of governments whose
powers are derived from the federal constitution and
sovereign in their sphere of power. They are
independent of each other even if they are not
mutually exclusive.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Conclusion … cont’d
98

 Ethnic federalism is criticized for the potential conflicts

between/among diversities it comprises like failed federation
of former USSR and Yugoslavia but there are also most
successful ethnic/multicultural federation of Switzerland, and
India. In fact diversity is not a threat in itself, it becomes a
fertile ground for conflict only if the system fails to provide a
political solution to it in the form of resource and power
sharing, the accommodation of the groups to the decision-
making process and by ensuring self -rule.
 Geographical/nation state federation is criticized for it is
based on idea of assimilation/integration in homogeneous
states and cannot be applied to multi cultural states like
Ethiopia, Nigeria, India and etc. So each type of federalism
have their own respective benefits depending upon the
context of countries applied them.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 Conclusion … cont’d
99
 Division of power is essential in federalism. It is the powers allocated
to federal government and states by the federal constitution.
 The federal constitution allocate power b/n the two levels of gov’ts as
exclusive, shared and residual power. The exclusive powers are the
areas which made monopoly and given to either level of gov’t. The
shared powers are the areas where the powers of both level of gov’ts
overlaps and cannot be given to each exclusively. It can be either
concurrent or framework power. Residual powers are the powers
which are not expressly covered by the federal constitution but granted
to one level of gov’t (mostly to states) when it come in to figure.
 Federalism can be dual or executive depending on the way in which
federal laws are enforced throughout all territory of the country.
 The role of umpiring body in federalism is essential since conflict
cannot be avoided forever. Different mechanisms are employed by
different countries regarding umpiring federation.

Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM

 100

The End
Ashenafi Belete [November, 2022] 1/16/2023 3:20 PM