Civics Note
Civics Note
CHAPTER ONE
INTRODUCTION TO CIVICS AND ETHICAL EDUCATION
Etymologically the term civics comes from the Latin word “civis/civi-tates” which means citizens. And
citizens are legal members of a nation. Therefore, civic and ethical education is an education for
citizenship. The primary object of civic and ethical education is the citizen.
1. Civics and ethical education is the study of the rights and responsibilities of citizens accompanied by
the necessary standards of ethics and morality. Wherever you might reside, you are already a member of
a particular group(s). In every of these groups in which you are a member; there are benefits that
you should gain. You also have obligations or duties that you should fulfill.
Rights: are the privileges or benefits that you are entitled to get.
Responsibilities: are obligations that you are required to fulfill.
For the group to be successful in attaining its objectives, members must know and discharge their rights
and responsibilities. Every member must know what to do and what not to do. Failure to know rights and
responsibilities may lead you to do what you are not expected to do.
Citizens have rights and responsibilities that do not apply to non-citizens. Some of the rights of citizens
include the right to participate in the decision–making process of government at various levels, the right
to vote and to be elected, equal opportunity to work and so on. The responsibilities of citizens include,
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ADMAS UNIVERSITY CIVICS AND ETHICAL EDUCATION MODULE
among others, loyalty for their state and respect for the law of the land (Constitution of the state) and
other ordinary/specific laws.
The classical political thinker, Aristotle, explicitly states that: “If liberty and equality, as is thought by
some, are chiefly to be found in democracy, they will be attained when all persons alike take part in
government to the utmost.” The words of Aristotle reflect the view that the ideals of democracy are most
completely fulfilled when every member of the political community actively shares and effectively
participate in government, i.e., when every individual become member in the sovereign body politic.
3. Civic and ethical education is development of active, effective and responsible participation in
citizenship. This is possible when students learn about and appreciate their own rights, duties, obligations
and responsibilities as citizens. Participation in citizenship is the basis of all other forms of participation
in development. Democracy underpins successful development.
Ethics is a branch of philosophy and/or political science that studies what constitutes good and bad
human conduct, including related actions and values.
To bear in mind again, it is experience that brings about these differences. A youth for he lacks
experience of the actions in life which civics and ethical education dictates from and about, tends to be
guided by his feelings. Therefore, civic and ethical education is an education aiming at filling this gap.
No one’s civic potential can be fulfilled without forming and maintaining an intention to pursue the
common good. To protect individuals form unconstitutional abuses by government and form attacks on
their rights from any source, public or private; to seek the broad knowledge and wisdom that informs
judgment of public affairs; and to develop the skill to use that knowledge effectively. Such values,
perspectives, knowledge, and skill in civic matters make responsible and effective civic participation
possible.
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ACCOUNTING, CIVICS AND ETHICAL EDUCATION COURSE MODULE, 2009 E.C
Politics can be considered as the concern of few individuals perhaps of the people who hold top political
positions in the government structure or public administration.
Man by nature is a political animal. This implies that no one can live out of politics even those who do
not want so. Still “personal is political.”
Therefore, the body politic refers to the overall social structure, institutions, norms, values, and the
possible interactions, which people would have in their daily life.
In line with this, knowledge, skills, ethics and morality, forging new attitudes, and of self-governance,
and active civic participation, is the essence of civic and ethical education.
All citizens should develop the desired frequency and qualitative participation of citizenship. In this
respect, there are four fundamental goals of Civics and Ethical Education. These are:
1. Building civic competence of citizens: Civic competence is the capacity or ability to participate
effectively in the political as well as social systems.
If citizens were required to be effective in participation, it would presuppose a certain level of civic
competence on the part of citizens.
Focus:
Common forms of participation
To follow information through mass media
To discuss public issues.
Voting
To take part in civic and political organizations (joining interest groups, pressure groups,
political parties, non-governmental institutions…)
To participate in different assemblies and forums.
To participate in large scale tasks… like campaigns.
To collect petition and present complaints when necessary.
To participate in peaceful demonstrations and holding public opinions.
To encourage and support journalists, human right activists and organizations and senior
citizens for their constructive and responsible critics of government works, policies, etc.
2. Promoting the Culture of Civic Responsibility: Civic responsibility is the reasoned commitment to
fulfill the obligations of citizenship. Some of these obligations or responsibilities among others, are listed
in the box below:
To respect others right.
To Vote.
To study issues.
To limit government to its constitutional limits, i.e., to make the constitution effective.
To help one‟s family, neighbors etc through voluntary service.
To evaluate people‟s representatives.
To pay taxes.
To give military service when necessary.
To influence government policy.
To improve quality of government functioning, etc.
3. Enhancing and sustaining the moral and ethical values and
virtues of our society.
4. To produce effective citizens: that is, citizens who have awareness are sensitive to societal needs,
problems, and opportunities.
In general, the main objective of teaching civics and ethics is to produce good citizens with the necessary
wisdom that help them actively participate in the affairs of their country so that they would contribute
their best for the development of their country. To this effect, civics and ethics as a subject incorporates
in its content: civic knowledge, civic skills and civic virtue.
Civic knowledge refers to the basic concepts and principles about government and politics.
Civic life refers the foundations and principles of democracy and the role of citizens
in
democratic systems.
Civic skills refer to the intellectual and participatory ability of citizens. Intellectual ability
refers
to the ability of individuals to understand, explain, and evaluate the political and socio-economic
situation where they live in. Generally, civic skill implies the capability of individuals to apply
their knowledge into practice. Civic skill also implies the participatory ability of citizens to
monitor and influence public policies and decisions.
Civic virtue refers to dispositions and commitment of citizens that are essential for
the
maintenance and development of democratic government. Among the elements of civic virtue are
civility in speech, open-mindedness, self-discipline, generosity and respect for the worth and
dignity of people individually and in groups.
Objectives of civic and ethics will vary from political system to political system. In the case of current
Ethiopia, for instance, is given to:
I. Enable the young know and exercise basic democratic values that will make them efficient
and responsible citizens.
II. Ensure participation of the young in their local and communal affairs based on enlightened
self-interest and out of personal concern
III. Understand, maintain, and develop appropriate dispositions towards issues that have relevance
to group interest as a precondition for sustaining individual security and interest.
IV. Prevent government from exercising unconstitutional practices
V. Protect violations of citizens‟ rights
VI. Equip students with appropriate knowledge and skills in order to exercise all round
participation and to monitor social activities in their communities.
VII. Promote values that are believed to serve as foundations to the democratic system envisaged
and to the prosperity the country destined to bring
VIII. Help students stand with their full commitment to ensure that the country‟s constitution is
respected and enforced to the benefits of maintaining individual rights and security.
IX. Create capacity that help citizens understand government priorities, the nature of the law,
political and economic problems in their communities and on international political directions
X. Promote socially approved cultural elements
Generally, civics and ethics as a subject in Ethiopia is given to cultivate good citizens who participate
actively in the country‟s democratic process.
1. Theoretical Sources
Law: This also helps citizens to know and appreciate their constitutional rights and responsibilities,
to
distinguish what is legal from illegal action or decision or behavior.
Sociology: Since sociology is the study of society at large, civic and ethical education borrows
some
of sociological and anthropological facts.
Economics: economic activities are basic aspects of life in every society.
History: helps citizens to acquire knowledge of the past activities so that they will be motivated
for
the future advancement of their country.
Geography: also helps citizens to understand the impact of geographic setting of their country
in
relation to their region and the world at large, i.e., they will be informed about the political, economic
and cultural… impacts of geographic location of their country and other states.
Therefore, civic and ethical education is an interdisciplinary subject that produces citizens of wide scope
of knowledge.
2. Documentary Sources
This category of sources includes international agreements and conceptions, written and unwritten,
decisions and enactments of legal bodies, historical resources, photographs, films etc. These include:
Constitution, civil and criminal codes, commercial code and other international documents.
a. International enactments: These are group of documents that refer to the decisions of the United
Nations including the universal declaration of human rights (UDHR), which was adopted in 1948,
the convention on the right of child, the convention on all forms of discrimination against women
(1979), and the convention on refugee and stateless person (1951).
b. Constitution: is the supreme law of the land.
c. Decisions and enactments of legally recognized bodies: the executive, legislative and
judiciary branches of the government. These bodies would enact and pass decisions to be
implemented such as decrees, proclamations, and declarations.
3. Social Sources: These include: Families, religious institutions, exemplary citizens/role models etc.
Ex. Exemplary citizens like that of Tirunesh Dibaba, Martin Luther King Jr., Rosa Parks, Oprah
Winfley etc.
CHAPTER TWO: THE ESSENCE OF STATE AND
GOVERNMENT
2.1 Understanding the
State
2.1.1 Definition and attributes of the State
Definition of the state
The term state has not been defined precisely. Hence, there is no universally accepted definition of
the state. However, the state can be defined in the following ways:
The institution through which the dynamics of politics are organized and formalized
A network of structured relationships, which consists of citizens with their rights
and duties, institutions and jurisdictions, principles and powers.
A political entity with certain observable characteristics
The highest form of human organization
An organized political community of people occupying a definite territory, and
possessing internal and external sovereignty
An abstract entity, which consists of sovereignty, population, defined territory,
government and recognition.
The word „state‟, in a literal sense, is used in different ways. It refers to a „condition‟ or to a „description‟
of things; it also refers to anything that is „official‟ in contrast to a thing that is under private ownership
and control.
Among the institutions and organizations that are included with in state are: Courts, police departments,
legitimate regulatory agencies, executive offices, and the military. Taken together, these specialized
institutions and organizations of the state have the monopoly over the legitimate use of force within a
given authority.
On the other hand, government is a body of organs such as the legislative (the law-making), the
executive (the law-enforcing), and the judiciary (law- interpreting) that deals with the affairs of the
whole country being the administrative wing of country.
N.B
State vs. the Nation
The terms state and nation are commonly used as synonymous terms.
But they are different and convey varied meanings.
That is both nation and state have more precise meanings for political scientists.
A nation is a large group of people who bound together; and recognize a similarity among
themselves, because of a common culture, language, ethnicity
etc.
A state on the other hand is a political unit that has ultimate sovereignty
A nation is a cultural and especially linguistic grouping of people who feel that they belong
together.
A state is a political unit with sovereignty.
One reason state and nation tend to commingle in common use is that leaders of states have almost
universally tried to link the two to harness the emotional attachment of people to their nation and
use that attachment to build support for the most abstract, legal entity- the state.
Consequently, this theory dwells on the fact that the state is the result of a very long process of
evolution and hence there many factors that have played pivotal role in their part in its origin
and gradual development. These are the following:
I. Kinship: Blood relationship is the first and foremost factor that led to the creation of
family as the first unit of collective life.
II. Religion: Religion emerged out of the way of life of the people living in the families
and tribes.
C. Social Contract Theory: This theory was based in large on the notion that the authority of the
ruler is based on some kind of agreement between ruler and his subjects. Three of the best known
and most influential social contract theorists were Thomas Hobbes, John Locke and Jean–Jacques
Rousseau.
D. Force (Physical Force): - Another of actor is that the state is the consequence of the
forcible subjugation through long continued war-fare among primitive groups; i.e. it is the result of
wars and conflicts that have been endemic in the history of human beings. The coercive force
exercised by the leader eventually developed in to political organization. This is known as force
theory.
E. The natural theory:- this theory maintains the idea that the state was created when humankind
was created. According to Aristotle, Man is inseparable from the state. Aristotle further indicated
that man by nature is a political and social animal that fulfill himself through the state.
F. The Marxist theory/Economics: - this theory indicates that the state is the result of the division
of society into social classes with sharp and polarized economic interests.
Marxist theory assumes difference in occupation and in.
Primitive society that had no private property and no class had no state either. In those primitive
times relation between people were regulated by public opinion.
The essence of this argument is that the state had not always existed and it may not always exist also.
It had come into being with the rise of class contradictions, so it will wither away with the end of
class antagonisms.
G. Political Consciousness: - The need of the people for their security of their persons and property
created the need for defense against external attack and for social moral and intellectual development.
1. Population: Since state is a human association, the first essential element that constitutes it is the
people who are residing (living) within a certain defined area. In this direction, we may appreciate the
view of Aristotle that the population of a state should neither be so large that administration may be a
problem nor so small that the people may not lead a life of peace and stability.
2. Defined Territory: There can be no state without a territory of its own. Territory is second most
essential attribute of modern statehood. The state should have more or less generally recognized limits,
even if some of its boundaries are undefined or disputed.
3. Government: Government is the soul and brain of the state. It implements the will of
the community. It protects the people against conditions of insecurity.
4. Sovereignty: is power over the people of an area unrestrained (unfettered) by laws originating outside
the area or independence completely free of direct external control. It means the state is the final and
highest power of the state that distinguishes it from all other associations of human beings.
It has two aspects –internal and external.
i. Internal sovereignty: refers to a state‟s government-not that of any other states–deciding how it
will manage its domestic affairs, problems, and formulate its own laws and rules.
ii. External sovereignty: In the external sphere, it implies that the country should be free from
foreign control of any kind and its right to define its interests and decides what its objectives are
to be, the priorities among these objectives.
It is universally admitted that a sovereign state is legally competent to issue any command, which is
binding on all citizens and their association.
5. Recognition: for a political unit to be accepted as a state with an “international personality” of its own,
it must be recognized as such by a significant portion of the international community.
2.4 Forms of State Structure
The classification about the forms of state is related with structure and distribution of state power. In
history, commonly practiced forms of state are unitary and federal forms of state. Confederations are
also other arrangements of states.
Unitarism is a form of state structure that is characterized by centralization of power and indivisible
sovereignty.
A. Essential Features of Unitary
State
A majority of states in the world are unitary systems. But there are great differences among these unitary
states in the institutions and procedures through which their central government interact with their
territorial subunits.
Despite the difference on the nature of center-local units relations in general terms, Unitarism does not
mean under-participation of the people in the governance of their country. But there are possibilities of
the people to take part in the government through:
Based on the above classification, the System of Administrative Organizations in Unitary States would be
arranged either in terms of administrative or autonomous regions; hence there are two types of territorial
administrative organizations.
i. The existence of Dual Polities: two relatively autonomous levels of Government i.e. Both the
federal /central government and sub national (regional) state levels possess a range of powers and
functions that others cannot encroach.
ii. Written constitution: A federal state has a written (codified) constitution. The written
constitution stipulates formal (constitutional) division of authority between the federal /central
government and sub national governments.
All federal states have written constitutions that specify the powers and authorities of the central
government and its constituent units. E.g. the Ethiopian constitution clearly specifies
the functions of the federal government (Art- 51) the functions of regional government (Art 52)
Powers and responsibilities that are exclusively given to the constituent units such as:
a. Provision and management of education, health and labor affairs;
b. Promotion and management of transport and communication sectors
c. Realizing internal security
d. Agriculture, industry, trade and tourism
e. Managing local finance (raising and spending).
There are also Residual powers which are not expressly/explicitly given to any level of
government.
iii. Supremacy of federal Government and Constitution: In most states, the federal
government and constitution is superior and supreme over the sub national government and
constitution in conducting key issues and activities of the country.
iv. Equal Power shared by the Federal Authority and Federal Units (Decentralized
Federalism). This does not mean they have equal power in one affair, rather the reserve powers
(power applied when required but reserve until then) and federal powers are seen equally.
v. Absence of Re-centralization of Powers and Authority by thecentral/federal government at
its will or unilaterally.
vi. Absence of amending the constitution or some of its provisions by federal government
unilaterally. Hence, it needs the consent or agreement of the sub national/regional governments
for amending the federal constitution.
vii. Constitutional Arbiter. The formal provisions of the constitution are interpreted by a supreme
court (the judiciary) at the federal level, which there by arbitrates in case of conflict (disputes)
between federal and regional government.
viii. Linking institutions: In order to foster or develop cooperation, partnership and understandings
between the federal and regional (sub national) governments, the regional (sub national)
governments must be given representation through a bi-cameral legislature.
Models of federalism
Dual federalism- refers to proper relationship between the federal government and regional
governments.
Cooperative federalism- it is not based on clear demarcation of power and authority
between the federal government and regional governments.
B. Rationales for preferring Federal orders to a Unitary State
1. One of the chief reasons for advocating federal system is that, unlike unitary systems, they give
regional and local interests a constitutionally guaranteed political voice.
2. Federal orders may increase the opportunities for citizen participation in public decision–
making.
3. Local and regional governments are usually closer to the people and sensitive to their needs.
Federations may facilitate efficient preference maximization more generally, as formalized in the
literature of economic and fiscal federalism.
4. Federal arrangements may promote mobility and hence territorial clustering of individuals with
similar preferences.
5. Local decisions prevent decision-making from becoming overloaded in the central government
and, thus, avoid inefficiency and bureaucracy and bureaucratic chaos.
C. Processes of Federalism
1. Exclusive Power. Exclusive powers refer to powers not shared powers, only exercised by federal
authority or federal units.
2.Concurrent powers. This refers to the powers exercised commonly by federal authority and federal
units.
Social sectors (like education, health, labor and social affairs, culture and information, civil
serv
ice)
Planning
Transport and communication Internal security
Internal security
Agriculture, Industry, Trade, Tourism
Finance
Justice etc.
2.4.3
Confederations
Con-federations are voluntary associations of independent states to achieve their common
interests
without affecting the internal affairs of member states. Confederations establish for military and
economic purposes. Ex: - USA in its early years. In addition to this, confederations are voluntary
associations of independent states.
A key part of the state, and such a key part that it is often simply referred to “the state”, is the
government of state. Below are some prominent definitions of government.
Government is the central agency or complex totality of interrelated organizations exercising over all
control over a society of a territorially delimited sub divisions of a society
refers to some particular set of institutions and organs that make laws (the legislative
body), implements public policies (executive body) and law interpreting body (the judiciary body).
refers to the institutional processes through which collective and usually binding laws
and decisions are made through its various branches of organs.
Government is defined as the rule or control a country. It is a body, which administers a country and
main organization dealing with affairs of the whole country.
Governments vary in complexity from backward to advance and in treatment of their peoples.
Evidently, then different societies require different kinds of government to satisfy their special needs.
Government as a political and a distractive body and because of its distinctive qualities, it differs from
other organizations. The main points that clearly distinguishes government from other set-ups is
discussed below.
a) Comprehensive Authority: - Rules made by any social organization other than government are
intended to apply to members of that organization.
b) Involuntary Membership: Membership in most social organization is voluntary based on
conscious choices.
c) Authoritative Roles: Rules made by some private organizations often conflict with those made
by other private organizations in most societies, there is no clearly defined and generally accepted
hierarchy among organizations.
d) Legitimate Monopoly of over whelming Force: all members of any society do not always
obey all government rules
3.2.2 The Purposes and Functions of Government
In a modern state, government functions have greatly expounded with the emergence of government as
the most active force vehicle in political, social, and economic development.
a. Self-preservation: Any government must keep its state from internal and external threats.
b. Management of Conflict (Supervision and Resolution of Conflict): Governments usually develop
and consolidate institutions and procedures for the management of conflict.
c. Regulation the Economy: Government plays the role of regulating the economy like regulation of
policies such as agriculture, industry, transportation, taxes, tariffs, etc.
d. Protection of Political, Human, Social and Economic Rights of its Citizens, especially those rights
enshrined in the constitution of state.
e. Provision of necessary Goods and/or services to the public: Governments, especially in
developing countries like Ethiopia, usually participate in providing necessary goods and services to
its citizens.
3.2.3. Major Organs of Government
In today‟s modern world, the government is composed of three major organs or distinct branches.
The legislative body is responsible for the formulation of laws and decisions and other documents.
The principal functions of the legislative are the following:
A. Statue making: Every legislative has the power to make statues. The concept of statues making is
more accurate to describe what the legislature actually does the law making.
B. Representation: Assemblies /Parliaments play an important representative role in providing a
link between government and the people.
C. Control of Administration: The legislative body plays pivotal role in supervising the executive
who is supposed to administer by implementing the laws and decisions passed by the legislative.
D. Constitutional making/ Amending: The legislative body of the government can play or have
the function of constitutional making/amending.
E. Electoral and deposing functions: The legislative body plays the function of electing the Prime
minister in a parliamentary form of government.
F. Financial functions: The legislative body holds the “power of the purse”, i.e., to determine the
nature and amount of taxes and appropriations.
G. Investigative functions: Most often, legislatives through established “selective committees”
are engaged in digging up information it desires on maters not covered by its “legal standing
committee.”
2. The Executive Body
In its broadest sense, the executive branch of government is a branch of government responsible for the
implementation of the laws, rules, policies, and decisions made by the legislature.
Focus:
Political Executive Vs Bureaucratic Executives.
Political executives refer to all or almost all of officials elected politicians, ministers, in parliamentary
system, drawn from the parliament and accountable to the parliament. Whereas, bureaucratic executives
are those office people appointed and professional civil servants whose job is offer advice and administer
policy, subject to the requirements of political neutrality and legal to their ministers.
A. Enforcement functions: The core/the chief function of executive body is to enforce (implement)
all laws, rules, decisions made by the legislative body and the judiciary body (court‟s decision).
B. Formulation and execution of administrative policy: The executive body boldly exercise
formulation of regulation (sub-legislative power and issues law of rules) and allocates funds to
various public activities.
C. Control of Military forces: The executive branch has the power to determine how and where
troops, the military, warplanes and ships may be used in period of conflict and peace.
D. Control of foreign relations: The executive branch is charged with conducting of foreign
relations with other states. Besides, the chief executive also grants or withholds recognition to the
governments of foreign state. In addition, the chief executive, ambassadors and other Foreign
Service officers.
E. Policy– making leadership: The political executive is looked to, in particular, to
develop coherent economic and social programmes and policies that meet the needs of society.
F. Popular leadership: The popularity of the political executive more than any other part of
political system, is crucial to the character and stability of the regime (gov‟t) as a whole. At a
policy level, it is the ability of the executive to mobilize support that ensures the compliance and
cooperation of the general public.
G. Bureaucratic leadership: The task of overseeing the implementation of policy means that the
political executive has major bureaucratic and administrative responsibilities. In this sense, the
chief executive, ministries, and secretaries constitute a “top management” charged with twining
the machinery of government.
H. Crisis leadership: A crucial power that the political executive has over the assembly/ parliament
is its ability to take swift and decisive action when crises break out in either domestic or
international polities is invariably the executive that responds, by virtue of its hierarchical
structure and the scope it provides for personal leadership.
In most states, the prime minister or the president is the commander in chief of the armed forces. The
executive controls and mobilizes the mechanisms of coercion to ensure peace and stability of the
state.
Conducting foreign relations
Foreign policy formulation and implementation are the responsibilities of the executive organ of the
government. Foreign policy involves complex issues relating to national interest and national
security. It needs quality of leadership to deal with problems properly.
Providing leadership- usually, the executive organ of the government provides leadership roles.
Leadership can be classified into two: ceremonial and effective.
Leadership in parliamentarian systems
Effective leadership- in parliamentarian systems, effective leadership responsibilities are given to
the prime minister (head of government). As the head of government, the prime minister performs
various functions such as
Commanding the national army
Nominate ministers
Supervise foreign policy implementation and follow up the implementation of national
policies
Nominal leadership- in parliamentarian systems, the head of state is the president. He/she is a
ceremonial figure. He/she can be elected, as the case in Ethiopia and come from hereditary line (as in
Britain).
Some of the ceremonial duties of the president are:
Serving as the symbol of national unity
Representing the state in ceremonial conferences and national holidays
Receiving guests and awarding prizes
The Judiciary body is a branch of government to decide legal disputes. The primary chief function of a
judiciary body is to undertake adjudication.
A. Adjudication: The courts see and examine various cases and gives decision(s) on the cases
presented.
B. Formulating case law: Case law is developed where judges must decide how a law, whether
common or statute, should apply in a particular case. This kind of law is often referred to as
judge-made law because the interpretation is made by the judge in each case and becomes binding
on all other courts.
C. Protection of individual rights: The judiciary body has great role in protecting the
constitutionally guaranteed rights of individuals mainly through the process of due process of law.
For example the judiciary plays a great role in the protection against unreasonable or arbitrary
laws and procedures by the government and its institutions at any level.
D. Judicial review: an important function of the judiciary organ of the government is reviewing
the acts and decisions of the legislative and executive organs whether these acts and decisions
have constitutional validity or not. If the actions and decisions are found to be invalid or
unconstitutional, this organ declares that these actions and decisions are null and void.
1. Monarchy: It is the oldest form of government in which the ruling power invested in a single person
who weak crown. In its widest sense, “any government in which the supreme and final authority is in
the hands of a single person is a monarchy. There are two types of monarchy.
i. Traditional monarchy: The king or the queen maintain his/her position by claim of
legitimate blood decent than their appeal as popular leaders. For example. Hohenzollerns in
Germany, Hapsburgs in Austro-Hungary, Romania, in Russia, Solomonic in Ethiopia…etc.
ii. Constitutional Monarchy: The king or the queen is ceremonial head of the state, an
indispensable figure in all great official occasions and a symbol of national unity and
authority of the state but lacking real power e.g. Britain, Japan …etc.
2. Dictatorship (monocracy): The existence of dictatorship has its proof in the position of a person
who holds extra constitutional powers and identifies himself with the state. He is the head of the state,
of the government, of the party kind of opposition to his power invites mutilation. It means absolute
rule of a single person who occupies his position hymens of force and as such is not accountable to
any popular institution.
3. Oligarchy/Aristocracy: It is a rule by few. Many of the classical conditions of oligarchic rule
were found until recently in those part of Asia in which governing elites were recruited
exclusively from a ruling caste a hereditary social groupings set apart from the rest of society by
religion, kinship, economic status, prestige and language. In contemporary world, in some
counties that have not experienced the full impact of industrialization, governing elites are still
often recruited from a ruling class (a stratum of society that monopolizes the main social and
economic function in the system). Such elites exercise their power in the interest of the ruling
class. Aristocracy as a form government has now disappeared from the face of the earth.
4. Republic- A form of government where power is seized based on election
5. Constitutional Government: It is defined by the existence of a constitution that effectively controls
the exercise of political power. The two major constitutional governments are:
i. The presidential system: It is based on the doctrine of separation of powers, which is
practiced in USA, Argentina, Brazil, Costa Rica, and Mexico…etc.
ii. Parliamentary system: It is based on the fusion of powers (legislative and executive), which
is practiced in western European nations, Scandinavian countries, Japan, India, Ethiopia etc.
B. Mon tesq u ieu‟s class if ication
1. Republican
2. Monarchical
3. Despotic- a form of government where a ruler exercises total personal power over the
people
C. Rous seau ‟s class if ication
1. Autocratic- a form of government where an individual exercises unrestricted authority
2. Aristocratic
3. Democratic
Types and Systems of Government
Types of government
Most governments have either written or unwritten constitutions. However, all governments are not
limited to the basic provisions of the constitution. In this regard, governments can be classified into
limited and unlimited governments.
Limited government – is a government that is abided based on the provisions of the constitution.
Basically, limited government is democratic government. Its power is restricted by the constitution.
Constitutions in democratic states are formulated based on the interests of the public. Political leaders
and other officials in democratic or limited governments are regulated by the established rules stated
in the constitution.
Generally some of the basic features of limited governments are:
Providing ground for the protection of citizen‟s rights.
The government is organized based on the will of the people.
Promoting the political and economic freedom of citizens.
The government is regulated based on the constitution.
Government is accountable for its activities and decisions‟
Citizens have the right to control the government through the mechanisms of check and
balance.
Judiciary organ of the government is independent.
Supremacy of the rule of the law.
Some methods of limiting the government
Principle of separation of power
Principle of check and balance
Independency of the judiciary organ
Free fair and periodic election
Application of the rule of law.
Unlimited government- Is a Government that is not restricted by the provisions of the constitution.
That is the powers of the governments are not limited by the constitution. This situation tells us that
the mere existence of a constitution does not guarantee constitutionalism or the rule of the law.
Moreover, it does not guarantee the basic rights of citizens.
Unlimited governments are undemocratic governments. They have absolute power over their subjects
and take decisions regardless of the constitutional provisions.
Some common features of unlimited governments
Political power is held by force or without the interests of the public
Violation of the basic rights of citizens
Total control of citizens‟ life
Terror and intimidation against the people and opposition parties.
Absence of the rule of the law.
Absence of independent judiciary
Absence of democratic election.
A Parliamentary system/form of government refers to the form of government in which the government
governs in and through the parliament/ Assembly, there by fusing the legislative and executive branch of
government.
a) Government is formed as a result of parliament/ assembly elections, based on the strength of party
or a coope rati ve coali ti on part y‟s rep resentation ; therefore, there is no separately elected
political executive.
b) A parliament of representatives is elected by the citizens of the state. In federal state structure
like Ethiopia, the citizens directly elect representatives both to the Federal parliament, and
regional parliament.
c) The executive power of the government (both political executives like the Prime Minster and
ministers at a federal and at Regional level) is lodged with group of people who are elected and
even approved by the parliament to conduct of the affairs of the state.
d) Most or all members of the cabinet (council of ministers) are usually members of the
parliament/ Assembly. And usually, the party or a cooperative coalition of parties that have
majority seat or control that take on executive responsibilities in addition to their legislative
chores.
e) The cabinet (council of ministers) retains executive power only as long as it has the
“confidence ”
of the parliament; that is, only as long as majority vote in the parliament may unseat a cabinet .
This is referred to as the “Government falling”.
f) The government can, in most cases, dissolve the parliament, meaning that electoral terms
are usually flexible within a maximum limit. As such, just as the parliament holds the
cabinet (council of ministers) in jeopardy, the reader of the cabinet (usually the PM) has the right
to have the parliament disbanded, with the consent of the majority members of the parliament.
g) As the head of the government is the Prime Minister, there is a separate head of the state, i.e., the
constitutional monarch or non- executive president. In Ethiopia case, the head of the state is the
president, who is non-political executive who cannot be a member of any political party. He/she is
the figurehead of the state.
h) The PM (Prime Minister), who is the head of the government, retains office only as long as
he/she can command majorit y support in parliament. If an issue is made the basis for a vote of
“no confidence” in the legislative and results in a vote for of no confidence, the PM must
resign
because the parliament has the ultimate power; the ability to remove; and
i) Electoral Terms of the PM is not fixed.
Sources of government authority
Authority- institutionalized power that is recognized by the people or the governed. It is
recognized power that is seized through democratic election. In short authority is legitimized
power. According to Max Weber, there are three sources of authority
1. Traditional authority- legitimate power conferred by custom and accepted practice. E.g
the king/queen is accepted as a ruler of a nation simply by virtue of inheriting the crown
2. Legal rational authority- recognized power that is granted/given based on the
constitution
3. Charismatic authority- power that is acquired based on the leader‟s exceptional appeal
to his/her followers. Ex. Mahatma Gandhi, Martin Luther King etc.
Power- refers to the ability of someone to influence others do something. Or it is the ability to
exercise one‟s will over others.
Legitimacy- an attribute of the government in which the governed/people/ to comply with
willingly to the government‟s authority. Legitimacy is associated with popular acceptance of
governing of governing regime and it is a basic condition for rule. It is a basic attribute for stable
governance. The term legitimacy differs from legality. It is a willingness to comply with the
system of rule regardless of how a ruling regime is popular and respected. Legitimacy can be
checked through democratic election
N.B:
Procedures (steps) of law-making in Ethiopia
st
1 step (initiation of the draft proposal) - the draft proposal can be emanated from the
political executive and any member of the parliament
nd
2 step (discussion stage) - the draft law will be presented for discussion and will be
debated and commented
rd
3 step (ratification stage) - the draft law will be approved if it gains two-third majority
vote in the parliament.
th
4 step (signature by the president of the republic)- the draft law is to be signed by the
president within 15 days.
th
5 step (publication stage) - after it is signed by the president it is expected to be
publicized by the Negarit Gazeta.
A. Real authority of the president: i.e. the leadership of the executive is in the hands of the president
who is elected by the people for a fixed period as of four years in the United States. The procedure of
decision may be either direct or indirect and the constitution may also specify as either direct or
indirect and the constitution may also specify as to the number of tenures a person may hold (as of
two term in the US). He may nominate his ministers as his advisers. The body of the ministers is
called the cabinet. The president may change the portfolios of his ministers as per his will, or may
dismiss any one of them in case he loses the confidence of the “boss”. He formulates national policy,
orders mobilization of troops, declares state of emergency and takes all necessary steps for the
enforcement of law and maintenance of order in the country. In short, he governs like the real ruler of
the country.
B. Separation of legislative from the executive: The president and his ministers cannot be the
members of the legislature.
C. It is based on the strict application of the principle of separation ofpowers between the
legislative and executive organs of government.Each of the executive and legislative are vested
with arrange of independent constitutional powers.
D. The roles of head of state and head of government (the chief executive) are combined in the
offices of the president. As such, the executive authority is vested in or concentrated in the hands of
the president; the cabinet and ministers being merely advisors and responsible to the president.
E. Electoral terms of the president are fixed: That is, the president is supposed to be lead and govern
the state for four years in one term for example, in USA. And, he/she can be reelected for the second
term (having four years). But, he/she cannot be elected for more than two terms (having 8 years
totally).
F. T h e p resid en t can n eith er “d iss olve” the legisl ative n or b e d ismiss ed b y the
Congr ess /Asse mb ly except possibly through impeachment. The process of impeachment
is provided to remove the president in case he held quality of violating the Oath of office. The
president is under an oath that he will defend and protect the constitution of the state. In case he
does otherwise, the process of impeachment may be cause to remove him from office. Usually the
power of impeachment is given to the legislative
3. Hybrid (mixed) system
Hybrid system refers to the combination of both parliamentary and presidential systems. It is
also
termed as semi presidential system.
Ex. France is the best example of the hybrid systems.
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Chapter Three
Understanding Citizenship: Ethiopian Focus
3.1. Definition and Dimensions of Citizenship
Definitions: as the full membership of individuals in a given state (regardless of their ethnic
identity, culture, color, sex as well as educational, economic and political status member/citizens
receive equal protection of the law from their state).
Almost all people in the world have citizenship in at least one country. Of course, not all the people
in a nation are citizens of that country. National means a person who owes loyalty to a country but
lacks full membership in it.
Dimension of citizenship
The modern conception of citizenship as merely a status held under the authority of a state has been
contested and broadened to include various political and social struggles of recognition and redistribution
as instances of claim-making, and hence, by extension, of citizenship.
The civil Dimension of citizenship: refers to a way of life where citizens define and
pursue
commonly held goals related to democratic conceptions of society.
The political Dimension of citizenship: it involves the right to vote and to political
participations.
Free elections are key to this dimension of citizenship, as it is the right to freely seek political office.
The Socio-economic Dimension of Citizenship: it refers to the relationship between individuals in
a
societal context and to the rights of participating in the economic activities.
The Cultural Dimension of Citizenship: it refers to the manner in which societies take into
account
the increasing cultural diversity in societies, diversity due to a greater openness to other cultures, to
global migration and to increased mobility.
3.2. Philosophical Discourses on Citizenship
There are various philosophical discourses on citizenship. Some of these include: the liberal,
republican and comminiterian discourses.
Liberal Citizenship: what is liberalism? It is a political philosophy founded on the ideas of
liberty
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and equality- it is about free and fair elections, civil rights, freedom of the press, freedom of religion,
free trade, and a right to life, liberty, and property of individuals.
In general the primacy of individual liberty understood primarily as freedom from state interference
with one‟s personal development and projects; a very broad protection of freedom of inquiry, speech,
and worship; a deep suspicion of state power over individuals; the restriction of state coercion to those
areas of activity in which individuals‟ conduct affects others; and a strong though rebuttable
presumption in favor of privacy, markets, and other forms of private ordering.
Republican citizenship: republic is a Latin word (res publica) which means the public thing,
matter, business, or property, with the implication that a republic differs from a state or society in
which the rulers regard everything, including the people who inhabit it, as their property.
Communitarian Citizenship: according to communitarians a communitarian citizenship is rooted
in a culturally defined community, and therefore political community is the derivative of its members,
who are always individuals. The assumption in the communitarian conception of citizenship is that
community provides a cultural foundation for citizenship. For communitarians, citizenship is about
participation in the political community but it is also about the preservation of identity, and therefore
citizenship is always specific to a particular community.
3.3. Modes/Ways of Acquiring and Loosing Citizenship
3.3.1. Ways of Acquiring Citizenship
Nations have various laws that govern the granting of citizenship. In the contemporary period people
may become citizens of states in two major ways (by birth, and by law /naturalization).
By Birth: most people become citizens of a country simply by being born there. The right
to
citizenship in the country of one‟s birth is called jus soli which is a Latin phrase- means right of soil.
The laws of most nations, including Canada, the UK, and the USA, grant citizenship based on jus Soli.
By Law/Naturalization: is the legal process by which foreigners become citizens of
another
country. Each countries set requirements that aliens most meet to become naturalized in another state.
For example, aliens cannot undergo naturalization in Canada or the United States unless they have lived
in their new country for a number of years. On the other hand, Israel allows Jewish immigrants to
become Israeli citizens the day they arrive under a rule called the Law of Return. Many nations
naturalize only people who understand the rights and duties of citizenship and can use the national
language.
By Birth: according to the Ethiopian Nationality proclamation of 2003, article 3(1), any
person
shall be an Ethiopian national by descent where both or either of the parents are/is Ethiopian
citizens/citizen.
By Law (Naturalization): any foreigner may acquire an Ethiopian nationality by law in
accordance
with the provisions of Articles 5-12 of the amended Ethiopian nationality proclamation of 2003.
Accordingly a foreigner can legally acquire an Ethiopian citizenship by the following ways:
Grant on Application: depending on their rules, different countries adopt requirements to
grant
citizenship by application.
Marriage: a foreigner who is married to an Ethiopian national may acquire Ethiopian nationality.
Accordingly, the Ethiopia, proclamation number 378/2003 article 6 clearly states that a foreigner who is
married to an Ethiopian national may acquire Ethiopian nationality by law when he/she fulfills the
following requirements: (1) the marriage is concluded in accordance with the laws of Ethiopia or
the other country where the marriage is contracted; (2) there is a lapse of at least two years since the
conclusion of the marriage; (3) he/she has lived in Ethiopian for at least one year preceding the
submission of the application; and (4) he/she has fulfilled the conditions stated under article 5 (1, 7,
8) of the proclamation.
Legitimating (Cases of Adoption): this is citizenship by recognition. An illegitimate child has the
right to get his biological or caretaker father/mother citizenship after legitimating. Such process is usually
attributed to a father /mother of multiple citizenship.
Reintegration (Restoration): a person who has lost his/her citizenship due to some reasons may get
it back if he/she fulfills some conditions as laid down by the laws of the state. According to the
Ethiopian Nationality proclamation article 22, a person who was an Ethiopian national and who has
acquired foreign nationality by law shall be readmitted to Ethiopian nationality if he/she: (a) returns to
domicile in Ethiopia; (b) renounces his foreign nationality; and (c) applies to the security,
Immigration and Refugee Affairs Authority.
Citizenship by special case: citizenship can be given to an individual or collectives without
undergoing all the legal procedures related to acquisition of citizenship.
Other Ways of Acquiring Citizenship
An individual can acquire his/her citizenship in a certain state by the following modes of acquiring the
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citizenship:
Citizenship by Political Case: the political case refers to acquisition of citizenship by
conquest or
cession of territory. Cession is voluntary process where as conquest is coercive act. Citizenship by
political case is possible in two ways.
Option: this is a modern development due to the direct participation of the inhabitants in their status
of citizenship. In voluntary partition, cession or exchange of territories option is given to the
inhabitants to choose only the citizenship of one state. Example, when the territory of India was
divided into Pakistan and India.
Defacto Citizenship (Citizenship by Claim): a woman or man can marry another national without
undergoing the required legal procedure of marriage. Under such condition the married woman or man
can possibly claim citizenship of her husband‟s (his wife‟s) country. Such kind of citizenship by claim
/assumption is termed as apparent Nationality.
Dual Citizenship: some people hold citizenship in two nations. The condition of being a citizen of
two nations is called dual citizenship or dual nationality. Some people gain dual citizenship by birth. For
example, a baby born to a French family visiting the United States would have U.S. citizenship by
jus soli. The baby also would have French citizenship by jus Sanguinis. People whose parents are
citizens of two countries might have dual nationality by jus Sanguinis.
3.3.2. The ways of Loosing Citizenship in another States
Deprivation: a citizen of a state may be deprived of his/her citizenship, if he/she is guilty of
committing certain serious crimes against the state. Such as: (a) to make access national secrets to
alien country, (b) serving in another country’s armed forces or government, (c) Trying to overthrow
the government by force, (d) promising loyalty to another country, (e) becoming naturalized in
another country, etc
Lapse: citizenship may be lost, if a person stays outside his/her country for a long and continuous
period of time. For example, according to the Indian nationality law, if an Indian stays outside his/her
country continuously for more than seven years, the person will loose his/her Indian citizenship by the
principle of lapse. According to the amended Ethiopian Nationality proclamation of 2003, the
principle of lapse has no application in Ethiopia.
Statelessness: is lack of citizenship in any country. Children of aliens born stateless if the country
of their birth does not grant jus soli and the parents‟ homeland does not grant jus sanguinis. People can
become stateless by giving up citizenship in one country without gaining citizenship in another state.
Some people become stateless as a result of government action
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CHAPTER FOUR: CONSTITUTION,
CONSTITUTIONALISM, DEMOCRACY AND HUMAN
RIGHTS
4.1Understanding Constitution and Constitutionalism
4.1.1 Definitions of Constitution
In very simple terms, the constitution of state may be defined as a body of rules and regulations, written
as well as unwritten whereby the government is organized and it functioned.
Some Definitional Statements of Constitution
A Constitution is a body of those written or unwritten fundamental laws which regulate the rights
of the magistrates and the privileges of the subjects.
It specifies the arrangement and distribution of the sovereign power in the community, or the
form of government.
It is the law of the state, containing the principles up on which government is founded, regulating
the division of the sovereign power, and directing to what persons each of these powers is to be
confined and the manner in which it is to be exercised.
It is a body of juridicial rules which determine the supreme organs of the state, which prescribes
their mode of creation, their mutual relations, their sphere of actions, and finally, the fundamental
place of each of them in their relation to the state.
It is a written instrument by which the fundamental power of government are established, limited,
defined, and by which those powers are distributed among several departments for their more safe
and useful exercise for the benefit of the body politic.
The constitution of the state is also that body of rules and laws, written or unwritten, which
determines the organization of government, the distribution of powers to the various organs of
government; and the general principles on which these powers are to be exercised.
Constitutionalism is the doctrine that government should be faithful to their constitution because,
the rules and laws so provided are all that can protect citizens‟ rights from arbitrary actions and
decisions of the government.
Constitutionalism is also the belief that constitution of the state is the best arrangement of things
and activities in a society. Again it is a state of being subjects to limitations and that operates in
accordance with the general rules and laws rather than arbitrarily.
Most constitutions in general and the FDRE Constitution in particular have the following principles:
A. The principle of full respect of the fundamental human and democratic rights of the citizens
at individual and collective levels.
B. Principles of living together, i.e. the principle of peaceful co-existence on the basis of equality
and without any ethnic, cultural, political, religions, gender, social status or any other form of
discrimination.
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C. Principle of popular sovereignty, i.e. all sovereign power resides in the hands of the people, and
this sovereignty can be expressed through their representatives elected in accordance with the
constitution and through their direct democratic participations.
D. Supremacy of the constitution, i.e. this principle sound the constitution of the state as the
supreme law of the land, and as such any law, customary practice or a decision of an organ of
state or public official which contravenes the constitution shall be of no effect….
E. Separation of state and religion (secularism): By virtue of FDRE Constitution, state and
religion are separate, and there shall be no state religion. The constitution also asserts as the state
shall not to interfere in the religious matters and vice versa.
Generally speaking, the main purpose of a constitution of state is limiting the powers and authorities of
government; ensuring and safeguarding the rights and liberties of citizens. This is to say constitution of
state:
Determines the structures and functions of a government
Outlines the rights and duties of citizens and their relations with their state and government
It constrains the common purpose of citizens in a society
Being the supreme law of the state, it is the source of all other specific laws.
Generally, the constitution of state has the following purposes and functions:
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Definition of Legitimacy
Legitimacy is the right to rule or the validity power to govern. A legitimate system of government is
one
based on authority; that is, those subject to its rule recognize its right to make collective decision or to
rule.
The process of legitimating regimes has two dimensions. These are:
i. The existence of constitution of state is almost prerequisite for a state‟s membership of the
international community and for its recognition by other states in the current modern world; and
ii. More importantly, the ability to use constitution of state to build legitimacy with in a state through
the promotion and effective consolidation of respect and compliance amongst the domestic
population. This is possible because constitution of state both symbolizes and disseminates the
values of the regime.
8. Constitution of State as the Weapon for Legitimizing Regimes: Constitution of states is also
indispensable for building legitimacy for regimes.
9. Constitution of State as Blue Prints for establishing Values and Goals: Constitutions of states
invariably embody a boarder set of political values, ideas and goals. It, therefore, seeks to invest for
unifying political values.
4.1.4 Kinds (Classification) of Constitution Of State
Constitution of in different political systems differ from one another in terms of their principles on the
distribution of political power, on the structural separation of authority among branches of government,
and on the limitations they set on government authority.
1. Written Vs Unwritten Constitution of State
This classification is based on the forms of the constitution, i.e.in view of breadth of written provisions.
A. Written Constitution: is one in which a key constitutional provisions are collected together within
a single legal document, popularly known as “the constitution”, and most constitutions of the world are
written constitution, and this kind of constitution is one which has deliberately formulated or enacted.
B. Unwritten Constitution: It refers to a set of rules, regulations, declarations and laws passed by either
a parliament or other competent bodies at different times.
Some merits of unwritten constitution are:
A. Rigid Constitution of State: is a constitution that does not adapt itself to changing circumstances
immediately or quickly. In a constitution, amending procedures may be more or less complex or difficult.
When all state councils, by a majority vote, approves the proposed amendment;
rd
When the HPR, by a 2/3 majority vote, approves the proposed amendment; and
When the HF, by a 2/3rd majority vote approves the proposed amendment
B. Flexible Constitution of State: is a constitution that adapts easily and immediately to changing
circumstance. In this case, the legislature has the unchallengeable and unconstrained power to make laws
on any issues and affairs.
3. Effective Vs Nominal Constitution of State
Based on the degree to which constitution of state observed in practice, or because of the relationship
between constitutional rules and laws and principles, on the one hand, and the practice of the government
(the workings) of the constitution, on the other hand, we can have effective, and Nominal Constitution of
State.
Therefore, an effective constitution of state requires not merely the existence of constitutional rules and
laws but also the capacity of those rules and laws to constrain or limit government behaviour and
activities, and establish Constitutionalism.
B. Nominal /Facade/ Fictious/ Constitution of State: This is a constitution of state that shows the
texts, principles, rules and laws that may accurately describe the government behaviour but fail to
limit government behaviour and activities in practice.
4. Federal Vs Unitary Constitution
One of the fundamental functions of constitutions is designating political power. Constitutions either
concentrate powers at the center or distribute it among the different branches and levels of government.
Such a constitution is called unitary and federal constitution respectively.
In short, in the unitary systems, local government do not have constitutional guarantee for their existence.
Powers and responsibilities are delegated to them by the central government.
1. Generality: constitution states only general principles. It builds substantial foundation and basis and
general frame work of the law and government.
Of course, the degree of generality of laws may depend on other factors like hierarchy of laws. But
constitution is always the most general in the sense, short and brief.
2. Permanence: constitution is made for an undefined and expanding future. It is meant to endure
through a long lapse of ages.
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In contrast, the civil code governing the private matters has remained more or less substantially
permanent except in some areas like ownership of land. The other reason why our constitutions did not
stay long at the different eras is that the people did not participate in the making of the constitutions
directly or indirectly that they have remained contrary to it.
3. Primacy and supremacy: Constitution is primary, being the command of the sovereign (the people).
All other laws are secondary or derivate being commands of representatives of the sovereign. Because,
after all, the direct will of the people outrights the will of any other single individual.
The origins of constitutional ideas in human society could be linked with the need to limit the political
authority and power of government. To this end, there were various attempts to check the powers of
rulers at different times.
Thus, constitution emerged as legal instruments to form governments by the people. The powers people
give to governments are limited by constitutions. Constitution of state also prohibits a government from
exercising its power arbitrarily violating the law set forth in the constitution. As the result, most
modern and democratic states established governments and proclaim the constitution as the fundamental
law by they ruled.
Constitutional experiences in Ethiopia also can be generally categorized in to two. There are the
traditional unwritten constitutional experiences and the written constitutions. Up until 1931 Ethiopia had
no written constitution. It had its first written constitution in 1931. Since then, Ethiopia experienced
different constitutions under the Imperial and the Derg regime and still it is.
Until the early 1930‟s, the rule of the Ethiopian Emperors was based on traditional and customary-
political and legal premises. Many of the legends and myths including the myths of Solomonic dynasty
revolve around the idea of the divine rights of kings. This idea explicitly entertained in the traditional
constitution, called Kibre-Negest(Glory of kings),that appeared during the 13th century.
Kibre Negest, literally, translated, as the Glory of Kings is written legends about the Jewish origin of the
Ethiopian Monarchy. Legend is a fabricated story that could not be proved through reliable evidence.
They claimed to be “Chosen people of God to rule”.
KibreNegest mystifies that the Ethiopian monarchs derived their power to rule from God and, therefore,
they could not be accountable to any power. Here, “the king is the Ministry of God”. It is explicitly
proclaimed opposition to the king as a sin against the order of the God.
This first written constitution was promulgated following the coronation of Emperor H/Sellassie I. The
introduction of the written constitution however, doesn‟t mean that a new philosophy was introduced to
the Ethiopian political system. Its main aim was to give the country and the Imperial rule an image of
modernity to the outside world and guarantying continuity to the rule of the Emperor. This can be
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clearly seen in the constitution that the king was presented as the representative of God and the king is
represented as “NiguseNegestSeyumeEgziabher”- which means „king of kings elect of God‟. The
constitution was not initiated by the people, and it was not also initiated for the people. Rather than
creating the limited monarchy, like many modern constitutions, the constitution gave all sovereign power
to the Emperor.
In general, the constitution was formulated or introduced mainly to attain two basic purposes that would
advance the Emperor‟s authority and political control.
i. The constitution was intended to give Ethiopia the image of „modernity‟ in the international
community, i.e. to achieve recognition abroad, and
ii. More significantly than the above purpose, the constitution was introduced to strengthen, and
centralize the absolute power of Emperor H/Sellassie by extending his power over the regional
rulers. Thus, the 1931 constitution can be referred as the charter of absolute power of the
monarchy.
However, the 1931 constitution laid some foundations for modern practices of government in Ethiopia.
These contributions can be summarized as follows:
a) Parliamentary System: The introduced parliament was bicameral, namely the Chamber of the
Senate (YehigMewesegnaMeker Bet)and the Chamber of Deputies (YehigMemriaMekir Bet)
respectively. The members of two chambers were being appointed by the Emperor and they were
only noblemen and princes, and their term of office was not limited.
b) Annual Budget: The constitution introduced the idea of fixed annual budget for government. In
principle, annual budget was meant to be proposed by the parliament and approved by the Emperor.
In practice, however, the assignment of budget as indicated in the constitution had not been properly
implemented.
c) Ministerial System: it also provided the institutional frame work for the ministerial system. While
the emperor remained with the most important executive power, the ministerial system of government
was completely subordinate to the emperor. The minister both individually and collectively was
responsible to the emperor. Thus, the executive branch of government was heavily dominated by the
emperor.
d) Judicial Branches: the constitution formally institutionalized two separate systems of courts, known
as regular courts and administrative tribunals.
However, the 1931 constitution legalized the emperor‟s absolute power in:
Appointment and dismissal of officials in all three organs of the government
The rendering of justice
The declaration and termination(end) of war and
The quality of land and honors.
It was the second written constitution of Ethiopia, which was similar to that of the 1931.
Like that of the constitution of 1931, however, the revised constitution did not involve popular process
for ratification. Indeed, it was “gift” from the Emperor to his subjects on the occasion of celebrating his
25 years in power, i.e., silver jubilee.
In terms of enhancing popular sovereignty, the principles and manners of implementing, the revised
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constitution made little or no progress.
Under the supervision of the UN, the Eritrean constitution of 1952 was drafted under the sovereignty of
Ethiopian crown. The federation of Eritrea, therefore, created abnormal political situation;
Firstly, the federal act was not strictly federal in its nature; Ethiopia remained a unitary state with
absolute rule of an Emperor, while Eritrea obtained an entirely different government.
Secondly, in its nature, the Eritrean constitution implied a more liberal government that incorporated
some element of democratic society as a result of their colonial tradition.
The constitution was incorporated some new concepts, and it was much more elaborated than its
predecessor. It has 131 articles, and was divided in to 8 chapters. The first two chapters, comprising
nearly one third of the articles, were concerned with defining the power and authority of the Emperor and
privileges of the imperial family.
Moreover, his power also extended to the extent of determining the administrative affairs of the church
itself. Although the revised constitution of the 1955 was a step forward in the history of constitutional
development in Ethiopia, in effect it failed to lay down a democratic tradition in the Ethiopian political
process.
a) It gave at least textual recognition to rights and liberties of citizens‟ freedom; of speech, press,
and people‟s participation in election of the members of Chamber of Deputies.
b) The Chamber of Deputies was made to have the power, at least in textual sense, to question the
Ministers with the view to hold the government accountable.
The social, Economic and political crises led to the outbreak of the Ethiopian revolution in 1974.
The military regime suspended the 1995-revised constitution and began to rule the country by series of
decrees and proclamations. In order to deepen its power, the Derg established its single party- the
Workers Party of Ethiopia (WPE) in 1987. Having eliminating or weakening internal opposition, the
Derg moved on establishing the PEOPLES‟ DEMOCRATIC REPUBLIC OF ETHIOPIA (PDRE) that
mainly aimed at Mengistu‟s indefinite retention of power. The PDRE Constitution of 1987 was issued
for the purpose of justifying the Derg‟s rule, not to enhance democracy. Thus, it didn‟t depart from
its predecessor‟s in terms of democracy, human rights and freedom to the Ethiopian societies.
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The PDRE Constitution differed from the previous constitutions in some ways. An important
contribution of the PDRE constitutional experience was the involvement of thepeople in the
ratification of the constitution which was drafted by a constitutionalcommission through a program of
“public consultation”. The National Shengo was, by name, the supreme organ of the state, and it was
responsible to establish the subordinate organs of the state and to elect the president and other leading
officials. In practice, however, actual powers of the Shengo were compromised.
Although, the constitution recognized the cultural identity and equality of nationalities, it didn‟t attempt
to address the national question in Ethiopia. There were little or no opportunities for exercising the
rights of nations, nationalities and peoples of the country to self determination.
In the final analysis, the PDRE constitution was an instrument of making lawful the authoritarian rule of
Derg regime. As a result, when the Derg regime was deposed from power- 1991 due to wide spread
popular resistance and armed struggle, led by EPRF, the 1987 constitution lost its political significance.
A new and by far progressive process of constitutional development began to take place in Ethiopia after
1991.
The 1995 constitution of the federal democratic republic of Ethiopia is significantly different from that of
the Imperial and the Derg constitution. It made an important departure from the constitutional traditions
of the country in terms of its basic philosophy, content and organization of government. The constitution
also states that the political power shall be held through periodic, fair and free elections, which
entitles the Ethiopian citizens to exercise their human, democratic, political, social and economic rights
and freedoms.
It declares the right of nations, nationalities and peoples of Ethiopia to exercise their self-administration
including the right to secession.
The 1995 constitution has established a federal system comprising of nine member states called National
Regional states. If the people lose confidence on their elected representatives they have a constitutional
right to recall them at any time.
The 1995 constitution established a parliamentary system of government and divides the legislative,
executive and judicial powers among the parliament, council of Ministers and the independent Judiciary.
Stages of Constitutional Formulation in general and of the 1995 FDRE has passed:
A. Drafting Stage: it is/wasthe first stage of the formulation of the 1995 FDRE Constitution.A special
body known as Constitution Commission carried out the drafting task.Experts with a good deal of
experiences from other countries were invited to such seminars and workshops that have helped
immensely in sharing experiences.
B. Discussions and Development Stage: This stage involved extensive public discussions on the draft of
the constitution. This can be termed as popular discussion and ratification of the constitution. These
extensive discussions on the draft gave citizens of Ethiopia the opportunity to:
♣ Know the tentative provsions that would be parts of the final constitution;
♣ Amend or improve the provisions before they enforced into action, and
♣ Participate in the formulation of their own constitution.
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C. The Ratification Stage: This stage is also known as adoption or endorsement. A Constitutional
Assembly- a special body constituted body of elected representatives of the Nations, Nationalities, and
peoples of Ethiopia- accomplished a historical task of ratifying or endorsing the draft of the constitution.
1. Building a political Community based on the popular will or agreement that is the destiny of all
Nations, Nationalities and Peoples of Ethiopia;
2. To have the rule of law as the foundation of the political community built based on popular will;
3. Ensuring lasting peace, democracy and development that would characterize building a
prosperous country; and
4. Maintaining and consolidating the effectivization and successful unity-based on diversity
through guaranteeing and securing the right of Nations, Nationalities and peoples of Ethiopia to
self –determination, including up to secession.
1. The Principle of the full respect of the fundamental democratic and Human rights of the Citizens
at individual and collective levels; and
2. The principle of living together. i.e. the principle of peaceful co-existence on the basis of equality
and without any ethnic, cultural, political, religions, gender, social status, or any other form of
discrimination.
The Parliament
The parliament has the power for legislation in all matters assigned to the Federal government. The
Ethiopian parliament is bi-cameral, comprising of the House of Peoples‟ Representatives and the House
of Federation.
The House of People‟s Representatives has not more than 550 seats, of these, not less than 20 seats are
allocated to represent minority nationalities.Members of the House of Peoples‟ Representatives are
elected by direct popular vote through universal suffrage for 5 years. They, therefore, represent the
Ethiopian peoples as a whole. The House of People‟s Representatives has a wide range of powers.
iii. Upon the dissolution of the previous Council of Ministers, because of the loss of its majority in
the House, the president may invite political parties to form a new coalition government with in one
week.
The Constitution also provides for the establishment of the Council of Constitutional Inquiry. This
council is composed of eleven members these are:
The President of the Federal Supreme Court (FSC) who serves as its president.
Vice–president of the Federal Supreme Court (FSC) who serves as vice – President
Six legal experts, appointed by the President of the Republic up on the
recommendation of the House of Peoples Representatives, with a proven professional capacity
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and high moral standing and
Three persons designated by the House of the Federation from among its
members.
- The Council of the Constitutional Inquiry has the power to investigate constitutional disputes and
submits its recommendations to the House of Federation.
- Generally, the 1995 Federal Constitution of Ethiopia has created a federal system in which
political power is formally /constitutionally shared between the Federal Government and the
Regional States.
4.2 Democracy and Democratic System
Introduction
Like any other concept of Social Sciences there is no single agreed upon definition of the concept
democracy. Scholars, politicians and other individuals tried to define democracy from different angles.
Similarly, Finer observed that democracy “The primary meaning of democracy is government which is
derived from public opinion and is accountable to it”. A more elaborative and descriptive
definition of democracy is given by Abraham Lincoln as „‟ democracy in the government of people,
for the people and by the people.”
Aspects/Dimensions of democracy
It could be political, social, economical and legal aspect of democracy from among the varieties.
Apparently, democracy proceeds in two basic assumptions:
1) Popular sovereignty in the sense that the country should be governed by representatives of the people
and that all power comes from them at their pleasure and under their watchful supervision.
2)There should be equality among the citizens in a arriving at the decision affecting them.However,
there are four dimension of democracy.
The first and most basic are the popular election of the parliament or legislature and the head of the
government.
The second is what is known as open and accountable government” continuous accountability of
Governments directly to the electoratethrough the public justification of its policies and political
accountability of government the representatives indirectly as regards of the execution of such policies
are important for democracy to prevail.
The third is the guarantees of civil or political rights or liberties, the freedom of speech, association,
assembly and movement are essential to democracy since without them no effective popular control over
the government is possible.
Finally, the dimension that concerns with democratic society as a whole. Since a society is a part of
democracy, there should be equal opportunity for self organization, association, equal access to the
media,and so on.
It is through the progress of democracy that people start to demand certain political rights and their well-
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being. For democracy to prevail, individuals should be given opportunity to exercise his /her rights and
discharge their responsible. Every democratic government provided their citizen with all their rights that
could be political, social, economical and legal.
Ways of Exercising Democracy: Direct and Indirect Way
It could be exercised directly or indirectly
1. Direct way of exercising democracy: It is a kind of democracy that gives opportunity for all people in
decision making. Nowadays, direct way of democracy survives in the institution of referendum and
Initiative.
2. Indirect way of exercising democracy: The will of state is formulated and expressed through
the representatives of the people who are responsible to them.
This way of exercising democracy is suitable for large society with greater population. It requires a
complex set of institution and practices to make the principle of participation effective.
Fundamental principles and values of democracy
A. The principle of equality: There should not be discrimination on the bases of sex,
religion, race color, etc. this implies the major dictum that all people are equal before law.
B. Principle of Accountability: Governments officials are accountable to what they do
individually or in groups .It helps to control miss management of administration corruption etc.
C. Transparency: All activities of government should be clearly known by the people.
D. The principle of separation of power: Any democratic government should have separate
bodies which has distinctive functions. There is horizontal and vertical separation of power the
vertical separation of power is between the regional and central government. The horizontal power
separation implies the separation of power within regional and central government.
E. Multiparty system: Implies having several parties in one political system. It creates
competition among parties to hold the power.
F. The principle of Tolerance: It is acceptance of differences irrespective of ethnic group,
religion, language, Color, etc. It allows the people to live together peacefully
G. The principle of rule of law: According to this principle, no one is above the law. All
individuals, including government officials, are dictated by law
H. The principle of Universal suffrage: Suffrage means the right of people to vote and elect
their leaders. This principle banned discrimination in voting & electing that paved the way for the
accommodation of the right of all legible people in voting & electing.
Democratic rights as enshrined in FDRE constitution.
There are many democratic rights that provided by the Constitution- of Ethiopia. These are.
Right of thought, opinion and Expression
The right of Assembly, Demonstration and petition
Freedom of Association
Freedom of movement
Rights of Nationality
Marital, personal and family Rights
Rights of women
Rights of children
Rights of Access to justice
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The Rights to Vote and to be elected
Right of Nations, Nationalities , and people
The Right to property
Economic, social and cultural Right
Right of Labor
The Right to Development
Environmental Rights.
Equality must be spread to all organization and sphere such as political equality, social economical,
cultural, and legal etc.
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Thus the emergence of modern democracies in the world was the result of social, economic and political
revolutions which had played a dominant role in nearly all political crisis for example, French revolution,
English revolute and American war of independence across the world. It was after all this every countries
of the world adapt the constitution as a major rule of their country.
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First generation rights (civil and political rights)
These rights are primarily derived from 17th century and 18th century English and French revolutions
and American war of independence. These rights are stated in UDHR article 2-21.These rights are core
values. They are featured in constitutions of more than 160 countries.These rights include:
Freedom from racial and equivalent forms of discrimination
Freedom from slavery or involuntary servitude
Freedom from torture and from cruel inhuman or degrading treatment or punishment
Freedom from arbitrary arrest, detention or exile
The right to fair and public trial
Freedom from interference in privacy and correspondence
Freedom movement and residence
The right to asylum from persecution
Freedom of opinion and expression
Freedom of peaceful assembly and associations
The right to own property and right not to be deprived of one‟s own property arbitrarily
These are economic, social and cultural rights stated in article 22-27 of the UDHR. These rights include
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Are Human Rights Universal Or Relative?
There have always been dilemmas whether human rights are universal or culture specific. In other words,
the growing consensus in the West that human rights are universal has been fiercely opposed by critics in
other parts of the world.
Universalists argue that human rights are protections to which all human beings are entitled because of
their humanity and not because of their social status or individual merit. Human rights are universal
legal protection individuals and groups against actions and omission that interfere with fundamental
freedoms, entitlements and human dignity.
If we do not unequivocally assert the universality of rights that oppressive government‟s abuse, and if
we admit that these rights can be diluted and changed, ultimately we risk giving oppressive governments
an intellectual justification for the morally indefensible. Just as the Devil quote the Scripture for his
purpose. Some of the basic features of Universalist human right are:
Human rights are based on equality
Human rights are unassailable.
Human rights are eternal.
Human rights are irreducible.
Human rights are indisputable.
Human rights are inalienable.
Human rights are universal.
Human rights are equal, indivisible and interdependent
Human rights impose obligations of action and omission, particularly on states and state actors.
Human rights have been internationally guaranteed.
The relativists on the other hand argue that human rights are values. Values are culture specific and
so are human rights.There is nothing universal. If there is universal culture there is universal
human right. For there is no universal culture, there is no universal human right. Human rights are
defined and limited by cultural perceptions.
Some critics of Universalists argue that the concept of human rights are merely is really a cover Western
interventionism in the affairs of the developing world, and that “human rights “are merely the
instrument of Western political neo-colonialism.
To come to the point where international regime is evolving to, the better idea is to accept the fact that
human rights are universal but not uniform. Universality of human rights do not fundamentally contradict
the ideals and aspirations of any society, and that they reflect our common universal humanity, from
which no human being be excluded.
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CHAPTER FIVE: ETHICS
AND CIVIC VIRTUE
5.1 Conceptual Approach: What
is Ethics, and Morality?
Ethics a field of study that deals with what constitutes good and bad human conduct including related
actions and values.
♣ It deals with good (moral) and bad (immoral) aspects of human conduct and moral judgment of an
action, and moral duty and obligation.
♣ It is a study of a set of principles or generally accepted guidelines for right and wrong behaviour.
♣ It is an–in-depth field of study questioning moral principles and thinking. And, it attempts to raise
fundamental moral questions and provide logical and meaningful answers to them.
Morality refers to the degree to which an action confirms to a standard or norm of human conduct.
♣ It deals with the aspects of good and bad actions themselves depending upon individuals act.
5.2 Contending Theories of Ethics
Before we directly go to major contending theories of ethics, it is essential and imperative to
conspicuously understand certain criteria (parameters) to be met by ethical theories, like most other
theories, so as to be rationally and reasonability acceptable.
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The need for combining the criteria of theories of ethics with certain Rational Mental Attitudes
We must combine the criteria for theories of ethics (A-E stated above) with certain conspicuous and
rational mental attitudes in the following ways:
A. Avoiding Hasty generalization:we need to avoid hasty generalization (i, e, to generalize from few
and diminish our reasoning ability; therefore, we should not decide important issues while under the
influence of strong feeling.
B. Avoiding Emotionalism: Emotionalism refers to using emotion or “gut” felling to prove moral point
or Moral theory. Emotions could cloud and diminish our reasoning ability. Therefore, we should
not decide important issues while under the influence of strong feeling.
C. Avoiding closed Mind: (i.e. becoming open–minded). Rationality requires that we resist the
temptation to assume that our society‟s values are necessarily correct; we must accept the possibility
of our own error.
D. Reason: (sound justification). Attitudes about what one ought to believe should to ultimately
based not on to personal authority but on reason.
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for the beginning of the end of all considerations. i.e. (Ask what you will do for yourself”. Egoism has
two aspects.
1. Cyrenacism-it focuses on bodily pleasure
2. Epicureanism-it emphasizes on mental pleasure
Utilitarianism–also called social hedonism asserts the promot ion of ever y on e‟s best int erest
is the
standard of morality. To put it differently, an action is right if it claims that we should always act so as to
produce the greatest possible ratio of good to evil for all concerned. Therefore, utilitarianism holds
that an action is right if it tends to produce the greater happiness for the greater number of people .
Otherwise, it is wrong. The two philosophers associated with utilitarianism are Jeremy Bentham
(Quantitative Utilitarianism) (1748–1832) and John Stuart Mill (Qualitative Utilitarianism) (1806–
1873).
5.3 Morality and Law: A Juxtaposition of Morality and Right and Obligation
Moral declaration involves the good will of community/ society and as such they receive social
recognition. Hence, it is self–evident that a right has the following three essential ingredients:
a) Moral foundation and recognition:Rights are ethical (moral) when we deal with claims of
individuals based on their real wills, and therefore recognized by the community.
b) The goodness /wills/ common interest of society: This to mean that it (a right) must get universal
application and hence rendering a public service. Therefore, the impetus (the driving force) should
be a national consideration of the public interests and not personal caprice of the individual.
c) Protection by the state: Rights are legal when they are translated into law by the state and protected
by the state.
Therefore, it needs to be emphasized that morality is a conspicuous foundation of a right and hence the
moral values, norms and customs are remarkably taken into account in framing (making) a right.
Therefore, aright is a claim of individual(s) that is recognized and accepted by a society, and translated
into law and protected by the state.
Morality and law are intrinsically and remarkably related in many aspects.Likewise they also differ
from each other in their content, sanction, and definiteness. In the case of relationship, the following are
aspects of relatedness:
a) Both of them base their source in the rational nature of human beings . Which means,
morality and law bound individuals by the common virtue of being reasonable creatures.
b) Both of them are related in the sense that they seek to enforce what is desired by a norm
and values of morality. For example, morality requires that one should not practice unfair
means in one‟s public life and in order to make it mandatory, law prohibits fraud and cheating. In
this way, a precept of morality is enforced by coercive legal authority.
c) Both of them are also related in the sense that law cannot undermine or violate a
wellestablished norms and values of morality.
On the other extreme, morality and law also differ from each other in the following
aspects:
a. Laws are the outward acts of man. Which implies the regulation of the objective behaviour of
man where as morality deals with the inner motives (i.e. morality has its connection with
subjective aspect (behaviour) of man.
b. The purpose of lawis to restrain a man from doing a crime like theft or burglary;whereas the
purpose of morality is to save him from committing a sin and evil things that are against
conscience of his/her self and the community like honesty, practicing in gratitude, etc.
c. Moreover, they differ from each other in terms of their imposition: i.e. law is imposed by
the state universally in that given society;where asmorality is developed and imposed by the
society. While there may be a sanction behind the rules of morality, it is not applied by organized
machinery (state), nor is it determined in advance.
d. Morality lacks a relative precision, technical and precise than law. That is, rules of law,
relatively unlike rules of morality, are expressed in technical and precise language.
e. Morality is relatively more diversified than rules of law. Different societies may evolve
different codes of morality. This is what is known as Relative theory of morality. On the other
hand, law is relatively uniform across countries. For example, eating the flesh (meat) of a donkey
or a Dog is immoral in societies of Ethiopia while it is moral in societies of china or Korea. But,
killing a person is illegal relatively in all societies.
f. With regard to the nature and type of punishment, In most case, violation of law entails
punishment, which is physically painful, On the other extreme; violation of moral norms
(values) entails only psychological pain like social ostrasization, etc.
Societal values
Group values
Hierarchyof values
Individual value
Norms: are rules of behaviour that are agreed upon and shared with in a culture, which prescribe limits of
acceptable behaviour.
Well can see norms by categorizing it in to two parts: These are: -
i. Mores:are strongly held norms that usually have a moral connotation and are based on the
central values of the culture. Violation of mores produces strong negative reactions, which are
often supported by the law. For example, sexual molestation of a child, rape, murder, incest, and
child beating are some examples. Mores, therefore, usually have absolute conformity.
ii. Folkways (traditions): are norms that permit a wide degree of individual interpretation as long
as certain limits are not over stepped. People who violate folkways are seen as peculiar or
possibly eccentric. For example, a dress style is different culture to culture. They (folkways)
change with time. For example, in Ethiopia, it is customary to thank someone for a gift. To fail
to do so is to be ungrateful and ill – mannered Subtle cultural differences can make international
gift giving, however, a source of anxiety or embarrassment to well meaning business travelers.
For example, if you give a gift on first meeting an Arab businessman, it may be interpreted as a
bribe if you give a clock in china, it is considered as bad luck.
5.5 Ethics and Morality in the Context of Profession
5.5.1 Profession Defined:The term profession refers to the knowledge, skill and ability, which can be
acquired through formal educational institutions such as universities, colleges and training centers that
are filled by those persons who posses such knowledge, and skills in any fields of study. It also implies a
body of knowledge that includes general, specialized, and professional knowledge; and/or body of skills
which includes the science its own.