4.

Elaborate the pre and post 1991constitutional experience of Ethiopia and summarize their strength
and limitation?

 Constitution of Ethiopia
Constitution is a set of fundamental laws that govern and guide the power and function
of the government
 Ethiopia have four constitution s these are;
1. 1931 constitution
2. 1955 constitution
3. 1987 constitution
4. 1995 constitution

1. 1931 constitution
The first modern written constitution of for Ethiopia, intended to officially replace the fetha
negest ,which had been the supreme law since middle age.

Held in 16 july 1931 in the presence of emperor Haile selasise

it replaced the traditional written documents such as ;fetha negast,kibre negast, serate mengest

fetha negast(law of king) it was religious and secular legal provision than being a definite constitution.it
is contains the idea of divine right of king with the assumptions that rules have a god given power

kibre negast(glory of king )was written to document or first time the mythical origin of the royal house.it
determines the succession of the throne in Ethiopia.it was the principal source of legitimacy for the king.

Serate mengest provide certain Administrative protocol and directives

The 1931 constitution contains the official tittles of supposedly “ solomonic” Ethiopian emperor follows
concerning lion (marking might or force ),of tribe of Judah (marking genealogy and tradition) ,elect of
god (marking the vital importance of religious anointhing to qualify for the throne …(the name) king of
king emperor of Ethiopia .

The factor both internal and external factor forced the development of 1931 constitution .externally the
introduction of 1931 constitution was the result of the growing interaction between Ethiopia and
external world particularly western European country . internaly 1931 constitution was intended to
provide a legal frame work for the suppression of the powerful traditional nobility to the emperor .the
emperor has a deep interest of centralizing the state power in the internal politics of the country.

Strength of 1931 constitution

Emperor H/Selassie developed strong aspiration to view Ethiopia as a modern state to the rest of the
world.

A key source of legitimacy in Ethiopia, it translate traditional document in to written constitution.

It Provide legal frame work of unity of Ethiopia.

Limitation of 1931 constitution

It was unlimited power of government.

It introduce single party system.

All power over central and local government.

The government was not accountable and transparent

Generally 1931 constitution contains seven (7) chapter and fifty five(55)Articles

2.Revised constitutions(1955)

The revised constitution continued to reinforce the process of centralization . the constitution spent one
chapter settling the issue of succession or the rule of male primogeniture .

It consist of 8 chapter and 131 Article .

Concerns with international opinion careful attention given to detailing right and duties of the people .

The constitution was the supreme law of land govern even the emperor .

Strength of 1955 constitution

It maintain some adjustment of human right such as freedom of speech .

It tries to integrate Eretria with Ethiopia.

Separation of power between three branches of government

Limitation of 1955 constitution

It was unlimited power of government .

It has single party system .

It was bicameral Ethiopia parliament was expanded over the 1931 constitution .

It could initiate impeachment proceeding against chamber of disputes .

To appoint and dismiss ministers without input from the Ethiopian parliament .

3. 1987 constitution

It established on 22 February 1987,it adoption in granted the people democratic republics of

Ethiopia(PDRE).

It consist of seven (7) chapter and 119 Article. the dengue set up the provisional military administrative
council (PMAC). The PMAC presented itself for relations through a new party (the worker party of
Ethiopia).

It took sweeping measure through series of decrease and proclamation that include rationalization of a
rural and urban land, extra urban house, private school and factories by passing series.

 Strength of 1987

State and religion were separated (secularism was included in the constitution) for the first time.

Sate the political power and sovereignty were declared to be the preserve of the working people of
Ethiopia.

It contains provisions on democratic and human right.

It recognized the different cultural identities and the equality of nation and nationalist.
It introduced a party system by giving recognitions to the workers party of Ethiopia. thus ,leading to a
transition from a none party system to a single party system.

Aimed at giving power to the peoples so that they exercise through referendum, local and national
assembly.

Limitation of 1987 constitution

It was unlimited power of government

The most controversial draft provision was that outlawed polygamy which caused furor among Muslim.

The document failure to address the national problems and right or self determinations

4. The 1995 constitution of Ethiopia

The 1995 constitution of Ethiopia is the supreme law of federal democratic republic of Ethiopia .this
document came in to force in august 21 in1995 .the constitution was drawn up by the constituent
assembly that was elected in June 1994 .

It was adopted by transitional government of Ethiopia in December 1994 and came in to force following
to general election held may –June 1995.

The constitution consist of 11 chapter and 106 articles.

It provides for federal government of ethnic based regions governed by parliament divided in to the
house of people representative and houses of federation.it provide foa parliamentary system ,with a
mostly ceremonial president at head of state and executive power vested in a council of minister
headed by prime minister .

The constitution expressly provides for a set of basic human rights such as the right of life ,the right of
liberty…

The basic principles of 1995 constitution

Popular Sovereignty of people

Limited government
Division of power between three branches of government

Check and balance

Judiciary review

Federalism system of government

 SUMMAREY OF PRE AND POST 1991 CONSTITUTION

The 1991 constitution is the transitional charters of government

The charter provides for the representative democratic structure and recognitions of self -determinative
rights up to and including independence.

Generally the two constitutions of Ethiopia are unlimited power of government such as
1931,1955 ,however 1987 ,1995 constitution of Ethiopia are limited government.