Micky Smart Short Note Center
Constitutional law Book II short note
Page 1 of 59
, Chapter I
Development of Documentary Constitution
What re the major constitutional documents of Ethiopia in ancient and medieval period?
the major constitutional document of Ethiopia are;
a. The Ser’ata Mengist: The Ser’ata Mangist can hardly be considered to be a document of
Constitutional Law in its widest sense. Nonetheless, as it is the first document known to
have been used for allocating power among the Crown, its dignitaries and the Church,
and tried to lay out a pattern of succession to power.
b. The Fetha Nagast: Law of the Kings’, is a collection of laws which in use in Christian
Ethiopia for many centuries. “Ibn al-’Assal divided his work into two distinct parts.
i. The first dealt with religious matters (relied largely on the Old and New
Testaments, and the
ii. Secular matters
c. The Classical Gada System: in this system “a society that is stratified into two cross-
cutting systems of peer-group structures. One... on the basis of chronological age [the
harriya system].. [t]he other.. On the basis of genealogical ties [gada system]. .. Both sets
of groups pass from one stage of development to the next every eight years.[, while]
newly born infant boy always enters the system of grades exactly forty years behind the
father, regardless of the age of the father.” So, from the point view of social-structural,
and historical approaches, the Gada system serving as framework of power allocation
(most earliest attribute of Constitution).
Chapter II
Dimensions in respect of Nation, Nationality and Peoples of Ethiopia
What was the status of state failure in Ethiopia?
One of the most contested issues in the public discourse of Ethiopian politics remains the
difficulty one gets in interpreting State failure, and cause of that failure in the twentieth
century. Some attribute it to ‘Beherawi Chekona’ or ‘national oppression’.
Actually, a broader and more comprehensive approach is necessary. State failure should be
analyzed in terms of failing to build a multi-cultural State from the whole diversity that the
modern state has brought together during the second half of the 19th Century.
Page 2 of 59
,What was the root causes of the prolonged war in Ethiopia according to Instrumentalists?
The underlying factor in exacerbating the prolonged war in Ethiopia in the 20th Century, was
the result of over centralization of power and economic resources by the ‘dominant’ group
from Showa, which defined itself and the State along its narrow line and marginalized the
others, which led to too strong feelings of ethnicity.
Discuss in brief on the state formation process in Ethiopia?
Emperor Menilik II established the modern Ethiopian State (1889-1913) at the turn of the
20th Century due to confluence of domestic and external forces.
He, thus, incorporated a whole variety of ethno-linguistic and religious groups into His direct
administration, thereby imposing and instituting the Gebar system with its prescribed
‘classes of manner’ and the ‘Neftegna’ on the newly incorporated areas in the South and
Southwest; the imposition of the Amharic language and Christian Religion on the indigenous
people.
The propagation of what may be called state nationalism in the guise of national integration
or nation building was one political initiative taken by ruling groups in an attempt to
reinforce the shallow foundation of the state as opposed to a pluralistic approach
Finally, the 1974 Revolution that destroyed the old monarchy by expropriating land from the
land lords, instilled in its place Marxism-Leninism. It also dis-legitimized and abolished the
right to ‘divine rule’ paving the way for the leftist ideology to step in.
What are the Major conflict interpretation approach in Ethiopia?
a. Instrumentalist’s approach: The instrumentalist’s approach (or statist version of
nationalism), which among other things states that ethnicity is fluid in constant flux and
has no objective existence.
b. (Abyssinian) ‘colonial’,
c. ‘Greater Ethiopia’ (or Nation Builders) and
d. ‘National oppression’
How the question of nationality is addressed under FDRE constitution?
In the Preamble of the Constitution, we read:
“.. Further convinced by continuing to live with our rich and proud cultural legacies in
territories we have long inhabited have, through continuous interaction on various levels
Page 3 of 59
, and forms of life, built up common interests and have also contributed to the emergence
of a common outlook
“Fully cognizant that our common destiny can best be served by rectifying historically
unjust relationships and by further promoting our shared interests;”
What is the difference between ethnicity and nations?
Ethnicity is a state of mind emanating from feeling of separate identity, based, more
importantly on the myth of common descent. Here, one group claims that ethnicity is an
aspect of human nature, while others claim otherwise. The latter ones claim that ethnicity
gets shaped and reshaped through interaction with others and point out that ethnicity can
change at both individual and collective levels.
Nations, on the other hand, are more inclusive as they are supposed to be culturally or
politically defined. In this respect, nationalism combines shared common identity, feeling of
distinctness from other nationals, concerted political action to these ends. It also has the
objective of attaining some level of statehood.
What is the Position of FDRE Constitution of Nation Nationality and Peoples?
“From the text of the Constitution, the right of Nations, Nationalities and Peoples seem to
occupy a central place.
the opening words of the Preamble read ‘We, the Nations, Nationalities and Peoples of
Ethiopia ...’ The Preamble identifies the Nations, Nationalities and Peoples of Ethiopia as
the authors of the Constitution.
In addition, the provisions of the Constitution dealing with the rights of Nations,
Nationalities and Peoples of Ethiopia are made difficult to amend and even during a state of
emergency these rights may not be suspended, although many other rights can be.
Arts 8(1) and 39(1) of the Constitution continue the pretense that the Ethiopian federal
arrangement was the outcome of a contract between sovereign Nations, Nationalities and
Peoples of Ethiopia.
National Minorities in Ethiopia
Who are minorities under the international law?
The term ‘minority’ in its legal sense disdained in Art. 27 of the International Covenant on
Civil and Political Rights (ICCPR) and it is the first internationally accepted and binding rule
Page 4 of 59
Constitutional law Book II short note
Page 1 of 59
, Chapter I
Development of Documentary Constitution
What re the major constitutional documents of Ethiopia in ancient and medieval period?
the major constitutional document of Ethiopia are;
a. The Ser’ata Mengist: The Ser’ata Mangist can hardly be considered to be a document of
Constitutional Law in its widest sense. Nonetheless, as it is the first document known to
have been used for allocating power among the Crown, its dignitaries and the Church,
and tried to lay out a pattern of succession to power.
b. The Fetha Nagast: Law of the Kings’, is a collection of laws which in use in Christian
Ethiopia for many centuries. “Ibn al-’Assal divided his work into two distinct parts.
i. The first dealt with religious matters (relied largely on the Old and New
Testaments, and the
ii. Secular matters
c. The Classical Gada System: in this system “a society that is stratified into two cross-
cutting systems of peer-group structures. One... on the basis of chronological age [the
harriya system].. [t]he other.. On the basis of genealogical ties [gada system]. .. Both sets
of groups pass from one stage of development to the next every eight years.[, while]
newly born infant boy always enters the system of grades exactly forty years behind the
father, regardless of the age of the father.” So, from the point view of social-structural,
and historical approaches, the Gada system serving as framework of power allocation
(most earliest attribute of Constitution).
Chapter II
Dimensions in respect of Nation, Nationality and Peoples of Ethiopia
What was the status of state failure in Ethiopia?
One of the most contested issues in the public discourse of Ethiopian politics remains the
difficulty one gets in interpreting State failure, and cause of that failure in the twentieth
century. Some attribute it to ‘Beherawi Chekona’ or ‘national oppression’.
Actually, a broader and more comprehensive approach is necessary. State failure should be
analyzed in terms of failing to build a multi-cultural State from the whole diversity that the
modern state has brought together during the second half of the 19th Century.
Page 2 of 59
,What was the root causes of the prolonged war in Ethiopia according to Instrumentalists?
The underlying factor in exacerbating the prolonged war in Ethiopia in the 20th Century, was
the result of over centralization of power and economic resources by the ‘dominant’ group
from Showa, which defined itself and the State along its narrow line and marginalized the
others, which led to too strong feelings of ethnicity.
Discuss in brief on the state formation process in Ethiopia?
Emperor Menilik II established the modern Ethiopian State (1889-1913) at the turn of the
20th Century due to confluence of domestic and external forces.
He, thus, incorporated a whole variety of ethno-linguistic and religious groups into His direct
administration, thereby imposing and instituting the Gebar system with its prescribed
‘classes of manner’ and the ‘Neftegna’ on the newly incorporated areas in the South and
Southwest; the imposition of the Amharic language and Christian Religion on the indigenous
people.
The propagation of what may be called state nationalism in the guise of national integration
or nation building was one political initiative taken by ruling groups in an attempt to
reinforce the shallow foundation of the state as opposed to a pluralistic approach
Finally, the 1974 Revolution that destroyed the old monarchy by expropriating land from the
land lords, instilled in its place Marxism-Leninism. It also dis-legitimized and abolished the
right to ‘divine rule’ paving the way for the leftist ideology to step in.
What are the Major conflict interpretation approach in Ethiopia?
a. Instrumentalist’s approach: The instrumentalist’s approach (or statist version of
nationalism), which among other things states that ethnicity is fluid in constant flux and
has no objective existence.
b. (Abyssinian) ‘colonial’,
c. ‘Greater Ethiopia’ (or Nation Builders) and
d. ‘National oppression’
How the question of nationality is addressed under FDRE constitution?
In the Preamble of the Constitution, we read:
“.. Further convinced by continuing to live with our rich and proud cultural legacies in
territories we have long inhabited have, through continuous interaction on various levels
Page 3 of 59
, and forms of life, built up common interests and have also contributed to the emergence
of a common outlook
“Fully cognizant that our common destiny can best be served by rectifying historically
unjust relationships and by further promoting our shared interests;”
What is the difference between ethnicity and nations?
Ethnicity is a state of mind emanating from feeling of separate identity, based, more
importantly on the myth of common descent. Here, one group claims that ethnicity is an
aspect of human nature, while others claim otherwise. The latter ones claim that ethnicity
gets shaped and reshaped through interaction with others and point out that ethnicity can
change at both individual and collective levels.
Nations, on the other hand, are more inclusive as they are supposed to be culturally or
politically defined. In this respect, nationalism combines shared common identity, feeling of
distinctness from other nationals, concerted political action to these ends. It also has the
objective of attaining some level of statehood.
What is the Position of FDRE Constitution of Nation Nationality and Peoples?
“From the text of the Constitution, the right of Nations, Nationalities and Peoples seem to
occupy a central place.
the opening words of the Preamble read ‘We, the Nations, Nationalities and Peoples of
Ethiopia ...’ The Preamble identifies the Nations, Nationalities and Peoples of Ethiopia as
the authors of the Constitution.
In addition, the provisions of the Constitution dealing with the rights of Nations,
Nationalities and Peoples of Ethiopia are made difficult to amend and even during a state of
emergency these rights may not be suspended, although many other rights can be.
Arts 8(1) and 39(1) of the Constitution continue the pretense that the Ethiopian federal
arrangement was the outcome of a contract between sovereign Nations, Nationalities and
Peoples of Ethiopia.
National Minorities in Ethiopia
Who are minorities under the international law?
The term ‘minority’ in its legal sense disdained in Art. 27 of the International Covenant on
Civil and Political Rights (ICCPR) and it is the first internationally accepted and binding rule
Page 4 of 59
