CHAPTER-FOUR

CONSTITUTION AND CONSTITUTIONSLISM IN ETHIOPIA

The pre-1931 constitutional Experience of Ethiopia
It is known that Ethiopia is one of the countries with a strong history of state hood existence.
Unfortunately, for thousands of years, this long history of state hood was never backed up by
modern institutions and systems of governance. Among which the absence of a modern written
constitution signifies that most of the institutions and practices of governance was very archaic,
and omnipotent. The fact that we had no written constitution till 1931 also means that formal
institutional frameworks were missing to determine the source, scope and limitations of political
power.
In fact, Ethiopia experienced a traditional customary political and legal system of rule on the
basis of traditional constitutional practices dominated by Myths and legendary beliefs. These in
turn were pillars of the traditional constitution of the country. Among all, we had the Sirate
Mengest, the Fithanegest and Kibre Negest as legendary documents that explained the essence of
the political and legal practices.

 Siratemengest: is a document that was introduced in the 19th century to provide certain
traditional administrative and protocol directives useful to the system of governance.
 Fethanegest: was a code of law that provided secular and religious legal provisions in relation
to the observance and practice of the system of justice.
 KibreNegest: - translated literally as “the Glory of kings” is a written legend of the solomonic
line of throne (dynasty) that in turn legitimatized the Jewish origin in of the state and the
monarchical government In power

The traditional constitutional principles

However this, none of such traditional documents can be strictly called constitution in the strict
sense; they had affected in one or the other way the system of government and justice in the
country. We can list down some of the underlying principles of the traditional constitution of
Ethiopia as follows:
I). legitimate claim for the Solomonic dynasty
The legendry documents particularly the Kibre Negest (Glory of kings) alleged the genesis of the
royalty to power with the Jewish king Solomon of Israel. The legend claims that the pioneer king

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of the Ethiopian traditional monarchy was king Menelik I who was born from Queen Sheba of
Axum (Ethiopia) and king Solomon (son of King David) of Israel and who in turn was anointed
as the legitimate king of Axum, king of king‟s Menelik I up until the dynasty was succeeded by
the Zawge dynasty (Za‟ agew dynasty of the people of Agaw) in the 11th century and then to the
restoration period of 1270. The year 1270 remarked the restoration of the old dynasty before
Zawge.
II). male succession to the Throne
On the basis of the traditional constitutional practice principles, not all people who claim
descendants to the solomonic dynasty could legitimately claims to political power. It was only
the male members of the royalty who had the legitimacy to possess political power or succeed
the throne. Even among the male successors the traditional custom accredits mare legitimacy to
the eldest son called “Alga Werash” which means “the successor of the thorne” all in all such
practices totally disregarded the rights of royal women to political equality with men and those
of lay men and women.
III) The absolute fidelity of the monarch to the church
Almost all Ethiopian monarchs had spiritual background of the teachings of the Ethiopian
Church. In fact, many of the monarchs were practically church men (priests or deacons) they also
used the teaching of the church to secure popular legitimacy of the people. Most of the kings get
their official names during patriarchal coronations and appointments declared by the name of
God in public rituals. Notice that there was some exception in this regard. In the early mid of 17th
century, king susenyos from Gondar was baptized by the Jesuit missionaries (from Portugal) to
accept Catholicism Church. In fact such deviance of king susenyos gave rise to rampt domestic
public upheavals and causalities threatening his legitimacy to rule which later compelled him to
resign to eh favor of his son king Fasiledes the orthodox-king.
IV). The principle of imperial omnipotence
Kings who were claimed to be “elected of God “were considered to be above the law and hence
the laws themselves. They were both the temporal and spiritual rulers who were believed to be
agents of God on the earth. While sovereignty vested up on the king, all the people and their
properties belonged/ enslaved to him moreover, the king possessed all power to make, execute
and to judge on laws, with the power to imprison, release or sentence criminals, to different
kinds of punishment. The public of large in turn mystically and on fear considered the king the
representative of God and obeyed his laws and orders.

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V). Kings judicial decision making power
As opposed to modern judicial systems where judges‟ independent law based decisions on cases,
most Ethiopian emperors kings acted as the supreme most judge of the nation the practice of the
public was first petitions were presented before the king who I am in turn is legitimately entitled
to pass on final decisions. Likewise succession of power, only male members of the royalty were
legitimatized to made judicial decisions on cases or disputes presented before them.
Practical manifestations of the traditional constitution of Ethiopia
In the above section, we have briefly looked through the main traditional constitutional
principles that were used to be intact for some thousands of years in Ethiopian political spectrum.
The next section highlights through summarizing the most fundamental and a typical political
manifestation of the traditional constitution of Ethiopia as follows.
A. Legitimate divine origin of power
Most of the traditional constitutional documents legalized the divine origin of the source of
monarchical power of kings/Queens of Ethiopia. They assumed that kings/Queens were
legitimate „elected of God”-the supernatural being. Hence, obedience was presumed to be a
mandatory for obedience to kings/Queen entails disobedience to God which in turn sinful.
Particularly, high ranking church men were instrumental in preaching the people about the
spiritual bond between kings/queens and God, accordingly, source of power is not the general
public, rather the supernatural God is the one to grant or deny the power to kings/Queen at his
will/disposal.
B. Non –secular state
The traditional constitution was official zed the bond between the monarchy and the Ethiopian
Church. This can be manifested in various farms. First, as a criterion, Ethiopian emperors
ought to be ardent believers of Christianity. Second, high church officials particularly the
Ethiopian Church popes bless the coronations before the general public. Third, kings/queens
usually received advices and directions to make decisions from respected church men. All
these manifestly explain tightened bond between politics and the Church. As a result, all other
religions and belief systems were discriminated totally disregarded or suppressed to sustain
the hegemony of the church. In fact in much of the history of the medieval Ethiopia till the
late decades of mid-20th century, the church possessed „legitimately” about a third of the total
arable lands even at the expense of plundering or pillaging form the poor tenants.
C. Unwritten constitution

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Though the three documents-Sirate Mengeste, Fetha Negest and KibreNegest were legendary
and mythical stipulating the political and legal practices, they, in essence, cannot be considered
strictly as a modern constitution. In fact, there was no known written constitution at the level of
the central monarchy before 1931. These documents were not codified in a single document as
constitutions of the contemporary world. Moreover, they missed the structure, contents,
principles, institutions and legal procedures with respect to the rights and obligations of citizens
and the government. In practice, many of such components of the traditional constitution were
either-teachings of the church, oral traditions or myths of which some are well-written while
others are either documented dispersedly or not totally codified at all. Institutions like the
parliament, modern course, ministers, and the parliament, modern courts, ministers, the
bureaucracy and others were totally absent.
D. Traditional monarchy form of government
The traditional constitution officially legalized a traditional monarchy form of government
whose origin traces back to the Jewish origin of the solomonic line of throne. Accordingly, only
succession to the throne on the basis of king lineages was presumed to bring a legitimate form of
government form of government. Any other political or military attempts to take control of
power by any elite (inside or outside the loyalty) were totally rejected and considered unlawful.
Here, there is a reservation in the political history of Ethiopia especially during the era of
princes. (Zemene Mesafint), that is, from 1769-1855 with the decline of the powers of kings of
Gondar, narrow regionalism surfaced in the political spectrum of Ethiopia. As a result, strong
regional kings assumed the possession of real political power and the illegitimate competition
amongst themselves and against legitimate kings of Gondar.
This is turning engulfed the whole northern part of Ethiopia in to political turmoil‟s and civil
wars. Legitimate kings practically remained „puppets” in great palaces in and near Gondar. The
period finally terminated with the coming to power of emperor Tewodros II in 1855 that could
win over regionalism and restore the traditional monarchy in place.
E. Absence of citizenship status and rights
the fact that the traditional documents assert the divine origin of the sovereignty of power in turn
implies supreme sovereignty vested on kings/queens who were considered “elected of God” for
the source of legitimate power to rule emanates from the supernatural being people of Ethiopia
were considered not citizens but only subjects to obedience to the king monarch how many times
worst it would be and to the total enslavement of the monarch and of the royalty. This was

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particularly obvious during the era of feudalism when millions of poor tenants were subjugated
to exploitation and oppression in the sphere of labor abuses persecutions and mistreatments such
discrimination and oppressions also included lower castes (like gold smiths and artifacts)
minority ethnic group sand believers of other religions and belief systems among others
consequently there was total and obvert disregard of the fundamental right of people the right to
life to property security freedom of conscience religion and political participation.
In addition citizenship status actually referred to the inalienable and unquestionable right of the
king/queen members of the royal family feudal lords and other co-opted groups in the society
millions of poor tenants of the various nations, nationalities and peoples of Ethiopia remained
subjects of political alienation economic/labor exploitation and in human mistreatments.
The functions of the Monarch as per the traditional constitution
1) Guarantee of peace and prosperity: the mere existence of the king was considered as
guarantor of peace in the country. This was illustrated in such saying as Agara Negus, which
means a tranquil land.
2) Defender of National Unity and Independence: maintenance of the territorial integrity of
the country was one of the most outstanding achievements of the monarch of the time.
3) Supreme Judge/ “fountain of Justice”: According to Fetha Negest: “King shall judge in
the middle of his people with equity, and shall not be partial neither towards himself, nor towards
others, nor towards his son or relatives…
 The honored king loves Justice for his soul‟s ruin.”
 As a result, in the legal system, emperors constitute the final court of appeal, hearing
cases and administering justice/Zufan Chilot (Negus Chilot), which is the last court of
appeal.
The 1931 Written constitution of Ethiopia
The next lesson highlights the core political developments that came up with the introduction of
the first written constitution of Ethiopia in 1931 it focuses on some of the underlying principles
and continuities of the 1931 constitution from the traditional experiences Also it looks in to the
new innovations that followed with the 1931 constitution at last the lesson assesses magnitude of
the political practices and developments with reference to modern time constitutional principles
and practices.

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The 1931 written constitution was the first written constitution in the Ethiopian history this written
constitution was promulgated following the coronation of Haile Selassie. The constitution was an attempt
to change the unwritten dynastic claim in to written form to assume a legal framework for modern state
hood.
Reasons for adopting the 1931 constitution
This constitution was neither initiated by the demand of the people nor was for the need of the people
rather the introduction of a modern written constitution lies on two underlying reasons
1. The constitution was meant to offer imperial Ethiopia, under absolutist Monarchy rule
of Haile seaside I the image of “modernity” in the view of the international community.
This was intended to secure recognition abroad particularly in western Europe and to give Ethiopia the
image of a modern state hood this in turn was done with the hope of securing the imperial sovereign rule
in the country By the time Ethiopia as a legal member of the League of Nations felt strong political
pressures from the European colonial powers who a cussed it of being “Uncivilized” to be considered as
a sovereign political entity in the international
Politics in fact the old colonial masters namely Britain and France lobbied against Ethiopia through
accusations pointing out acts of slavery which civilized members of the league of nations did to tally
reject such pressures and demands compelled emperor Haile Selasie I who was presumed to be the
“modernizer king” to adopt a written constitution with legal procedures and institutional frame work the
intension was deliberate in the sense that the emperor hoped to impress Europeans with Ethiopia‟s
political modernity in search of external sovereignty for Ethiopia.
2. The constitution was also introduces to consolidate and centralize the absolute power of
imperial Haile selassie I through extending his power over regional rulers and stressing
the inalienability of this sovereignty over the state at large .
The constitution was therefore meant to create a legal and institution frame mark that would easily enable
the emperor subordinate regions As a legal basis the emperor used the constitution to centralized state
power on his hands and to extend the sovereignty of the central government over the regional rulers this
can be manifested in five aspects first the constitution granted ultimate power to the emperor to give or
deny political titles and appointment to high ranking government officials and regional nobilities second
the constitution denied any tendency favored regional autonomy and the right of self - government of
regions and the nations nationalities and peoples of Ethiopia third the constitution provided the emperor
with legal framework for serving political legitimacy to this personal rule and empire – state building
ambitions fourth the constitution failed to guarantee the rights and freedoms of the Ethiopian nations,

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nationalities and peoples At last it could not verify the source method of exercise and limitations of the
powers of the monarchical government of Haile Selassie I
Basic principles of the 1931 written constitution of Ethiopia
likewise the traditional constitution of Ethiopia the 1931 written constitution more or less did not come
up with fundamental ruptures with reference to the source of legitimate power of government state-
church relations and the rights and freedoms of the people Rather the new constitution legalized long-
rooted political values practices and institutions in an overtly legal and institutional frame work the 1931
constitution consolidated and introduced some underlying principles as:
1. Imperial sovereignty and omnipotence
Still the traditional motto is clearly stipulated in the so called modern written constitution of 1931.
Legitimate source of political power belongs to God- the super natural being while the general public
can‟t have any say to determine the power of government. Still the king is presumed to be “elected of
God“-Niguse Negest Seyume Egzihaber obedience the elected yields obedience to the almighty God and
the people were obliged to serve the king. They are simply subjects and not citizens in the strict sense the
sovereignty of the emperor is presumed sacred and inalienable with no questioning on the exercise or
transfer of this power except his will.
2. Unitary state structure
The constitution stressed the need for sustaining the territorial fabric of the Ethiopian state. covertly it
consolidated the imperial dream of empire –state buildings where all regions also called Teklay Gizatoch
were bound to obey or pursue directions and policy guidance‟s from the central government while
furthering the strength of the central monarchical government the constitution granted the center the
power to monopolize all forms of state policies aid decisions while denying regional discretions to
exercise at least a minimal right of self-government or regional autonomy.
3. Parliamentary
As a prototype of modern constitutional government the first modern parliament with two houses
(Bicameral hoses) was constitution legalized to constitute the institution of government never these the
source and legality of the parliament neither emanated from the will of people of Ethiopia nor were
accountable for or determined by the people at large Rather the bi-cameral national parliament was made
by accountable for and determined for its viability by the emperor.

4. Traditional Absolute monarchy

The form of government to own constitutional legitimate power remained the traditional monarch whose
origin was still the solomonic line of throne though parliamentary was introduce at least in the
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constitution the regime was neither willing to transform itself into constitutional monarchy nor were the
political developments ripe/material to face the regime change its form and trans form the country into a
Republic contrary to the usual practice the constitution further strengthened the suzerainty of the old
monarchy under the cover up of a modern parliament And surprisingly it brought about a traditional
monarchical government with a ,modern parliament
5. Non-secular state
As a continuation of the traditional practices the1931 constitution clearly legalized orthodox Christianity
as the official state religion As usual it covertly stressed that all other religions and belief systems do not
have official state acceptance while at the same time pointed out the baptism of Ethiopian monarchs on
the rituals of the orthodox faith as a criteria to secure legitimacy to rule
Innovations of the 1931 constitution
from the above basic principles dear students you can notice that there were no as such fundamental
ruptures that the first written constitution brought about when we compare it with the traditional
constitutional experience bearing this in mind we can mention some modern practices that as innovations
of the 1931 constitution were introduce in Ethiopian at least in principle these are.
A. Bi-cameral parliament
The 1931constitution contributed to the creation of the first modern parliament in Ethiopia. The
parliament was a bi- cameral which composed of two deliberative chambers called the chamber of the
senate (literally“yehigmewesegnamikir bet”) and the chamber of deputies (literally “yehigmemiriamikir
bet”) the two represented the legislative body of the upper house and lower house of the national
parliament respectively.
Functions:- the primary role of the deliberative chambers was advisory the chambers could neither refuse
to nor initiate legislation themselves they could not also question the executive (the emperor and his
cabinet) without the emperors consent in practice the chambers strictly exemplified a parliament that
never decides on laws the law making power vested on the emperor and his the emperor unimpressive as
the powers of the deliberative chambers appear these institutions served several important functions they
were a first timid step toward participatory government albeit participation was highly limited and the
majority of those governed had no hand in it they also served as a communication bridge between the
government and people they were in fact useful sounding boards for government proposals.
B. Budgetary system
The constitution introduced the concept of a find annual budget for government Traditionally
authorization on expenditure was carried out through the mazeja a written order by the minster of pen on

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the emperors instructions during the scheduled audiences with the emperor known as AkabeSaat
individual ministers presented their requests and the mazeja would then authorize the transfer of
government funds from the ministry of finance to respective ministries the constitution however charged
the ministry of finance to prepare a budget proposal to be deliberated up on by the chambers and
submitted to the emperor for approval in practice however the budget concept never became viable
during the life-time of the constitution of 1931 and remained an embarrassing paper model.
C. The Ministerial system
Though it was emperor manlike ll who introduced the first ministerial system (the cabinet) it was not
clearly stipulated in a form of defined powers and duties constitutionally but remained a practice the
written constitution however institutionalized the ministerial system on the executive side of government
it mentioned both individual and collective ministerial responsibilities to the emperor the collective
responsibility was a novel was a novel idea and the council of ministers was in the making still there was
no prime minister the keeper of the seal or simply minister of pen acted as first among equals where all
power emanates from the sovereign (emperor ) it an inevitable “logical” outcome of the centralization of
power that the one closest to the sovereign becomes the most influential
D. Judicial system
The traditional courts of law were formally institutionalized by the 1931 constitution Accordingly it
provided two separate system of courts handle civil and criminal cases while civil cases affecting Gait
however would be “withdrawn from the jurisdiction” of the ordinary/regular courts and placed in a
administrative tribunals. At the apex of the court system was the emperors chillot) where the emperor
reviewed cases in person and if necessary changed judicial decisions though practically the judicial
system was never independence in making decisions. the constitution heralded an era of written law and
justice in conformity with law “penal code a nationality Law and justice inconformity with law” Apneal
code a nationality Law and company Law soon followed Texts of other laws also appeared in
Berhanennaselam official report in 1942 the negaritgazeta began appearing monthly carrying texts of
various legal prescriptions. All in all we can summaries the most worth mentioning political practices and
developments that were outcomes of the 1931 written constitution as follows first, the constitution
legalized the absolute powers of the emperor in making legislation performing the ultimate most
executive functions and judicial responsibilities like:
 Accepting or rejecting parliament bills/laws
 Appointing or dismissing officials of all three organs of governments and
 And rendering or denying justice among others second,

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The conception of citizenship status and rights were totally ignored. Rather the (people were presumed to
be subject of imperial rule within the bounds of the eternal almighty God. All political and civil rights of
citizens were never notice of the constitutional provisions of 1931. The motto of equality in the political
social cultural and economic dimensions was deliberately undermined in the 1931 constitution, the
political equality of the people to elect representatives or be elected as representatives to the national
parliament was severely suppressed entitling the light to some very few members of the noble men and
the royalty in the social and cultural aspects all social and cultural aspects all sorts of religious beliefs
languages and value system contrary to the elite –dominated socio –cultural fabric were either totally
discriminated or at worst intensely oppressed as threats of the regime longevity. The economic rights of
the people practically the right to own property or to work was made subservient to the exploitative
feudal system in which millions of poor tenants were subjugated to feed the parasitic feudal system while
land became the property of few feudal system while land became the property of feudal lord as and
about a third belonged to the orthodox church poor tenants had to suffer from all round systemic
alienation and exploitation
Survey of the 1955 revised Constitution
Major and fundamental reasons for the revisions of the 1955 constitution
There were basic or major historical and political processes that the way for the revised constitution to
come in to being and they include the following:
Reason No.1
The incorporation of Eritrea in to (with Ethiopia in the form of federation in 1952 and the former
written (modern) constitution which needed constitution balance in Ethiopia.
The general assembly of the united Nation passed a resolution called the federal Act by which Eritrea
came under the sovereignty of Ethiopia crown then the federal ACT was incorporated in to the Ethiopian
constitution comprising progressive concepts and enlightened values of an ideal democratic society thus
the Eritrean constitution was more advanced than the 1931 first written constitutions of Ethiopia since the
two constitutions (the 1931 constitution of Ethiopian and the more liberal constitutions of Eritrea)has to
be harmonized and reconciled the revised constitution of the Ethiopia constitutions become mandatory
and necessary.
Reason No 2.
The emperor s stated desired to keep peace and stability with economic and social changes in the
1950s the social progress had changed so much so that the constitution frame work provided by the 1931

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written constitution was inadequate Not whit standing the effect imposed by wwll on Ethiopia Let us
glace at the following ones.
 The Italian invasion had created closer ties with the outside world
 the war had enhanced the movement of goods ideas and people
 the Italian left a modern communications infrastructure
 in 1945 Ethiopia becomes one of the founding members of the united Nations organization
(UNO), etc
In a nut shell western ideas and socio economic reorientations became visible and inevitable in Ethiopia
All that influenced the Emperor
Reason No 3
pressures from the then growing education and intellectual people with radical ideas ideologies and
approaches Despite the fact that they were few in number Ethiopians who learned abroad (especially in
Europe and USA) pushed the emperor to revise the 1931 firs written constitution of Ethiopia they
demanded the emperor to in traduce democratic concepts values and principles in Ethiopia .
In general due to those and other propelling factors the emperor granted a revised constitution in
November 1955 on the 25thanniversary of this accession to the throne
Basic changes introduced by the 1955 revised constitution
It is well-known that which a constitution is revised at least there are some charts that differs the revised
from the previous constitution taking this for granted the revised constitution of Ethiopia incorporated
many of the progressive and democratic values ideas and principles introduced in the federal Act passes
by the General Assembly of the united Nations in 1950 it also retained some of the principles and
features of the1931 first written constitution of Ethiopia Let‟s look at the core of the major changes
introduced by the 1955 revised constitution .
The following were some of the major changes introduced by the revised constitution of Ethiopia.
(1) The Rights and duties of the people of Ethiopia the national ”due of law” was added
(2) citizens‟ rights and liability of state officials were introduced
(3) constitution was considered to be supreme i.e the “law behind other laws” or “the basic law ” or
“the mother of all laws ” of the land putting it differently constitution supremacy was indicated or
constitution supremacy was introduced,
(4) The theory of checks and balance was introduced for example the chamber of Deputies was made
to have the power at least in a textual sense to question the ministers with view to hold the
government accountable,

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 (5) A bill of rights was introduced these were
- Equal protection of the law
- protection against double jeopardy
- Civil right and freedom of speech press religion and assembly.
(6) The provision for the election of the hither to appointed members of the chambers of Deputies
was added in other word chamber of Deputies became elective in fact senators (members of the
chamber of senate) remained appointees (ie appointed by the emperor)
(7) The Legislative role of the parliament under the Revised constitution appears to more positive
than under the previous one this means that powers of the parliament was strengthened it was
given the power to imitative by article 86in this Emperor can either promulgate the proposal as
law or give it back to the chambers with his observations or with a new proposal of legislation.
(8) A new provision regarding the judiciary was also added The supplanted provision says that
judicial power shall be exercised by the courts established by law and shall be exercised by the
courts according to the law (article 180) it is possible to say that theoretically an independent
judiciary was established
The practice of the revised constitution
In the Revised constitution, in a factual sense (in practice), substantially major and dominant positions
and powers of the emperor were virtually intact. His person was declared to be sacred his dignity
inviolable and inalienable (article 4 of the Revised constitution). Sovereignty was vested in him and the
supreme power or authority over all the affairs of the Empire was exercised by him as head of the state
(Article26)
According the Emperor was head of the state and chief executive He exercised the power of chief judge
and legislature The Emperor Chicot still functioned with two advisory committees known as the fired
mirmera and the subbed committees thus the traditional judicial power of the monarch retained in place
thus the practice there was no separation of power the Emperor still remained the focal point of ultimate
(supreme )power of government and the state his power of appointment was unlimited He appoints and
dismisses ministers and other officials. He also appoints judges civil genitors governors mayors
diplomatic representatives and officers of the military and police furthermore he also a approves the
election and appointment of the archbishops and bishops of the Ethiopian Orthodox Church (Article127)
The Emperor had the power to dissolve either or both houses of the parliament (the chambers of Deputies
and chamber of the senate) it was only the EMPEROR who had the right and power to submit proposals

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and proposals approved by the both houses of parliament were not or could not be laws unless and until
signed by the Emperor thus the Emperor had veto power on legislation
The Emperor was the commander –in chief of the armed forces and he was also constitution empowered
to counteract threats to the defense of the empire by declaring state of siege martial law or national
security and taking the necessary measures and the emperor exercised supreme direction to the foreign
relations of the Empire.
Except in spiritual administration all church decrees edicts and regulations were prowl gated by the
Emperor thus there was no separation between the state and religion i.e there was no secularism. Indeed
the rights and powers of the Emperor were extensive enough to make him an absolute monarch therefore
the 1955 revised constitution of Ethiopia practically brought no change the new provisions introduced by
the revised constitutions of 1955 remained Robber - stamp (factious) they were not realized the power of
the Emperor was not limited By the same to ken the rights and freedoms of people were not guaranteed.
In the 1960s many things and issues which questioned the value of the monarchy happened in Ethiopia
the most important things that questioned the value of the monarch and revealed popular dissatisfactions
was attempted coup data of 1961. The coup d’état showed the dissatisfactions of the people with the pace
of modernizations spree and development the coup also showed the fact that people could revolt against
the monarchy and his rule.
The establishment of the organization of African unity (OAU) with its head quarter in Addis Ababa also
influenced the imperial Governments of Ethiopia to take modernizing reforms. More over various
pressure groups were operating in the country for instance “Land to the Tiller” was a standard motto of
student demonstrations students attempted a direct hit at feudalism Added to this were also armed
insurgents in Eritrea started operating as result of the distortion and unilateral abrogation of the federation
in 1962 And also the Ethiop –Somalia border continually showed threatening signs of restlessness strikes
of teachers taxi –drives and finally the arm unit revolts further threatened the system.
By 1973, the Emperor appointed a 30- man constitution commission to address the major issues and
threatening signs A Draft constitution was worked out to establish a constitutional monarchy.
The constitution draft introduced many changes. Accordingly,
 The powers and functions of the Emperor were limited and reduced to the position of head of the state
 An elected two chambers of parliaments was to be setup to receive complaints about
administrative mal-practices.
 it also contained a broad and extensive categories of rights freedoms and duties of citizens absent
in the former constitution (the 1931 first and the 1955 Revised constitution)

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The main and overriding objective was to reform the system of government along with a system of
parliamentary monaurally without any fundamental charges in the whole system but the changes were too
late restraining the movements of the revolution (the 1974 revolution). In September 1947 the Emperor
was deposed The Revised constitution was suspended and military junta officers known as Deregue
emerged.
Survey of the 1987 constitution of PDRE
Introduction
This lesson essentially dwells on the way the Dereg came to power and suspension of the 1955 revised
constitution the stages where the Dereg arose and consolidated its dictatorial rule and the nature essence
and profile of the 1987 PDRE constitution.

The Emperial Government of Ethiopia came to an abrupt in 1974 exploiting this opportunity of
power vacuum the military junta that military council known as the Derge controlled political power.
The Derge emerged to the military government in Ethiopia from 1974 to 1991.
The Derge Military regime suspended the 1955 Revised constitution began to rule the country by a
series of decrees and proclamations constitution process and civilian government was scrupulously
foiled moreover the establishment of the Derge brought about profound social changes with in
Ethiopia.
The introduction of socialism as the guiding ideology of the military regime as well as its
international alignment with communism meant facing a totally new direction. The Derge
established the Workers parry of Ethiopia (WPE) in 1987 it was the only political party in Ethiopia
there was not multiparty at the time of the Derge for period of 13 years that is form September 12,
1974to 1987, Ethiopia remained without a written constitution the country was governed by series of
decrees proclamations and regulations in 1987 the Derge promulgated constitution known by the
People’s Democratic Republic of Ethiopia (PDRE) Before the promulgation of the PDRE
constitution the rise and consolidation of the position of colonel Mengistu was consummated in three
stages this are the following:
stage1
The first stage was the removal of the royal dynasty and political aristocracy linked with the Imperial
Governments of Ethiopia this move was carried out through the summary execution of 57 senior
officials of the old regime and the subsequent killings and arrests of genuine and presumed
supporters of the old regime.

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Stage2
The second act was the execution of prominent members of the Derge- the first non- monarch head
of the state General AmanAndom was killed in November 1974, the second one, General
TefferiBenti, February 1977, and in November of the same year the first vice chairman of PMAC
was murdered. This effectively sealed off the chapter of internal conflict and paved the avenue for
14 year (1978-91) of all to critic rule under ColonelMengistu.
Stage 3
But the third and final act which replaced the fading of democracy with grim and inevitable reality
of military dictatorship and the rules of ColonelMengistu was the powerful but ideologically partial
division of the Ethiopian leftist elite who played into hands of the Derge.
In general having eliminating and weakening internal opposition the Derge moved on establishing
the people s Democratic Republic of Ethiopia (PDRE) that mainly aimed at Mengistu‟sdictatorial
and in defiant retention of power.
In procedural/the way constitution (PDRE) the PDRE constitution differed from the previous
constitution in to two ways:
- It was drafted by a constitution commission through a program of public “conclusion” and
- It was later on ratified by the name of “popular” referendum to provide it pretext of broad
participation.
For a period of 13years that is from September 12,1974 to September 12 1987 Ethiopia remained
without a written constitution the country was governed by government decrees No constitution in
Ethiopia between 1974 and 1987 in 1987 the Dergue promulgated the constitution of the PDRE.
The name of Ethiopia was peoples Democracies Republic of Ethiopia. The constitution Contained
the preamble and 4 parts it has 119articles.
The preamble
The preamble highlights the history and civilization of Ethiopia it also highlights the cultures of the
Ethiopian people the location of the country and external threat to it as well as patriotism of the
Ethiopia people the preamble declares that the constitution is the supreme law of the land the best for
establishing and administering the PDRE.
The preamble further states that in the PDRE:
 People sovereignty is expressed,
 The unity of Ethiopia and the equality of nationalism based on the right to self-determination
is ensured,
 Basic freedoms and rights were guaranteed and duties respected and

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  A solid foundation for the construction of socialism was laid.
Briefly those were the points contained in the preamble of the 1987 constitution of the PDRE since
the preamble is an introductory art it sets grounds for the substantive part of the constitution
following the preamble there are 4parts of the 4parts the first 3parts deal with the substantive issues
of the constitution The 4thparts deals with general provision The parts are briefly presented as
follows:
- The first parts of the 1987 constitution describes the nature of the political and economic
system in Ethiopia concerning the political system:
- Ethiopians state structure was declare to be unitary whose territory is indivisible and
insolvable and in which all nationalities live in equality
- The constitution granted the power of the state to the working people of Ethiopia in other
words the power of the state emanates from the working people of
Ethiopia or the working people of Ethiopia are the source of state power and state organs and party
politics were explained with regard t the economic system of the country the constitution states the
fact that the state should play the main role in the national economy in other words the constitution
gives the state the right to intervene in to the national economy this is restricting market economy
market economy is the economy that is governed by the economic laws of supply and demand But
the socialist economy productions as well as prices are regulated by state this part also states such
things as social and cultural policies as well as national defense and foreign policy of the country.
In the second parts the constitution of the people‟s Democratic Republic of Ethiopia (PDRE)
elaborates freedoms rights and duties of citizens you may say there were no citizen freedoms in the
time of the Dengue practically judged you may be correct But theoretical basic freedoms of citizens
was enshrined in the constitution they on are found in parts two of the constitution advise and
encourage you to read them if you come across the constitution document of the PDRE.
Parts three elaborates the structure and functions of state institutions the state institution such as
parliament the council of the state the council of minister and court were explained in the unitary
state of Ethiopia there was a unicameral parliament known as the National Shengo the construction
of the people Democratic Republic of Ethiopia AND the council of state was an organ of state
power function as a standing body of the National Shengo yet simultaneously the central committee
and the polit-bureau of the party had ultimate decision –making power parallel to the government
institution At the apex (top) the secretary general of the single party was also the executive president
of the republic the president of the council of state the chairman of the National Shengo and
commander –in –chief of the armed forces here you can say that the power structure in the time of

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the Dengue resemble the power structure of monarchical absolutism except that empire has been
changed in to a republic and the emperor in to a president.
Further parts three specifies the composition term of election and power of the council of minster it
also specifics same thing of the judicial in that parts the structures and functions of other
administrative and autonomous regions are explained the details are a gains found in the
constitution document of the people‟s Democratic Republic of Ethiopia.
The last parts of the constitution of the people‟s Democratic Republic of Ethiopia conations general
provisions such as specifications of:
 flag
 National Anthem,
 National language
 capital city,
 Entry in to force of c institution, and
Amendments procedure
In the constitution amendment can be moved only by a three-fourth (3/4) majority decision of the
members of the National Shengo the constitution established presidential democracies and changed
Ethiopia from monarchy to a republication form of government.
The heavy reliance on force as a means of solving political problems and the disenchantment of the
population with the regime resulted in a protracted civil war that finally brought down the regime.
The Eritrean people liberation front (EPLF) captured power in Eritrea the Ethiopian people‟s
Revolutionary Democratic front (EPROF) a coalition of various groups headed by the Tigrean
People Liberation Front (TPLF) controlled the rest of the Ethiopia through the peace and democracy
conference of July 1991 EPRDF established the transitional Government of the basis of the
transition charter the transitional carter remained in effect from July 22, 1991 to August 21, 1995.
Form july22, 1991 to August 21, 1995 Ethiopia had been governed by the Transitional charter.
The Transitional charter served as the law of the land in Ethiopia during that specific period in its
preamble the charter declared that a new chapter has started in Ethiopian history in which freedom
equal rights aid self –determination of all the peoples shall be the governing principles of political
economic and social life in article 2. The Transitional charter affirmed the rights of nations,
nationalities and peoples to self-determination Article 2 sub –article b guaranteed each nation
nationality and people the right to administer its own affairs within its own defined territory Article 2
sub-article b, also guaranteed each nation nationality and people the right to effectively participation

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in the central government of the basics of freedom and fair and proper representation this means that
the Transitional charter established federalism in Ethiopia that is national /regional government and
central/federal government the charter specified the functions and powers of those governments.
With respect to the central government the charter stated that the Transitional government shall
exercise all legal and political responsibility for the governance of Ethiopia this means that ultimate
power in the transitional period rested with the central government the charter also established the
council of Representatives which exercised legislative functions and controlled the work of the
function of ministers. The charter also specified the power and function of the president of the
Transitional Government as well as the prime minister and the council of ministers. As it is already
mentioned the Transition charter established National/Regional self-Governments. The
Transitional Government of Ethiopia enumerate 63 identified nationalities and people and
established 14 regions Eight of these regions were composite regions containing from 3 up to 14
identified nations nationalities and peoples the rest of the regions had one identified nation nations
and people the rest of the regions had one identified nation Addis Ababa with its mixed urban and
rural peoples formed a region by itself.
concerning center region power sharing the charter granted ultimate power the central government
in the language of the charter the Transitional Government shall exercise all legal and political
power for the governance of Ethiopia the charter again stated that the National/Regions Transitional
self –Governments are in every respect entities subordination to the central Transitional Government
moreover the National/Regional council were made accountable to the council of Representatives of
the central Transitional Government indeed the charter under article 9 sub-article stated that
National/Regional Transitional self- Governments shall legislative executive and judicial power with
respect with respect to all matters within their geographical areas the National /Regional council
was the highest governing body of the region‟s the Executive committee elected by and from the
National /Regional council was the highest executive organ of the National /Regional self-
government council that elected it and the council of ministers of the central Government the
National/Regional states had primary and superior court system the superior courts are equivalent to
the primary court of the central Governments.
Thus the Transitional charter served the purpose of constitution it specified state structure state
organs and their powers and functions it also noted basic freedoms of citizens or nation‟s
nationalities and people of the Ethiopia the Transitional charter has become the base for the present
constitution of Ethiopia.
Structure and operation of government

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 The organization and functioning of the organs of state is based on the principles of
democratic centralism.
The preamble states that all organs of state power, from the lowest to the highest shall be
established by election.
 Decision of higher organs shall be executed by lower organs accountable to the higher
organs.
As per the constitution, all organs of state mass organizations, and other associations and
officials shall observe socialist legality
A) The legislature (the National Shengo)
The preamble of the constitution elaborates the glorious history of Ethiopia, its strategic
location, the bitter struggle of the working people, and finally on attaining the socialist
objectives by developing new political culture.
The first parliament that stayed for more than three decades was dissolved.
 The Shengo was the supreme organ of the state power in the country
 The major powers of the National Shengo, (Article 63)
B) The Council of State
Was the visible administrative organ of state organ with the highest responsibility for
undertaking the day-to-day state functions
It was also the permanent executive, legislative and administrative organ of the National
Shengo.
Thus, the role of the National Shengo was reduced in a rubber-stamping body of the WPE.
 The Council had powers and duties to ensure the implementation and interpretation of the
constitution and other law………
C) President of PDRE
He was elected by the National Shengo and answerable to it.
He was the head of state, represent the Republic at home and abroad.
His‟ major roles include: ensuring the implementation of domestic and foreign policy,
commander-in-chief of the armed forces, appoint members of the Defense Council,
D) The Judiciary
Consisted of the Supreme Court, Courts of Administrative and Autonomous Units and other
courts established by law.
 It is stated that “courts… shall safeguard the legally guaranteed rights, interests and
freedoms of the state, mass organization other association and individuals.”

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  Judges shall exercise their judicial functions in complete independence; they shall be guided
by no other authority, than that of law.”
 But in practice it was not exercised rather remained in having a paper value.
Administrative Structure of PDRE
 PDRE is a unitary and one-party state.
 The Constitution stated that Ethiopia is a unitary state constituting Administrative and
Autonomous regions.
 It stated that the nationalities are equal and ensured the equality of nationalities
„through…combating chauvinism and narrow minded nationalism, the equality…the
languages of nationalities as well as through equal participation in political, economic,
social and cultural fields.
 It is the first constitution to recognize the multinational character of the Ethiopian state.
 There was complete control of the political space by the Dergue in all aspects.
Human rights in the PDRE constitution
Guaranteed a number of basic human rights.
 Guarantees fundamental freedoms, rights and duties of citizens.
Stated equality of Ethiopians before the law, right to work, free education, and inviolability
of persons.
Stated freedom of speech, press, assembly, peaceful demonstration and association as well as
woman rights.
It also declared the separation of state and religion (Art.46 (5)).
But these all and other values of this constitution were left with their textual values only.

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