Civics Course Power Point Chapter 4
Civics Course Power Point Chapter 4
Civics Course Power Point Chapter 4
CONSTITUTION
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3.1. CONCEPTUAL FRAMEWOR
3.1.1. MEANING OF CONSTITUTION AND
CONSTITUTIONALISM
Constitution is a body of fundamental laws and principles
according to which apolitical sate is governed.
It is a collection of principles according to which:
The powers of the government;
The rights and duties of the governed;
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3.1.3. FORMS OF CONSTITUTION
In different political system of governments constitution
is differ from one another in many ways.
There are various methods of classifying constitutions
and we can employ them in different patterns.
we can classify constitutions based on their forms :
A. Written Constitution
A Constitution in which main provisions
contained in a single document known as ‘Written’
or ‘Codified’ Constitution.
Most of the constitutions of states across the world
are written constitution.
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Cont.
Some benefits of Written [Codified] Constitution
It is full of clarity and definitions because key
provisions are written
It has the quality of stability. That is, since people
know the nature of constitutional provisions, people
feel a sense of satisfaction.
The rights and liberties of the people are secured since
all important points are reduced to writing.
It has educational value; in that it highlights the
central values and over all goals and principles
of the political system.
The power of the legislative is restricted.
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Cont.
B. Unwritten Constitution
Unwritten Constitution of state refers to a set of rules,
regulations, declarations and laws passed by either a
parliament or other body of government at different
times.
They have dispersed legal documents which serve as a
constitution.
unwritten constitution is not compiled in a single
document.
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Cont.
The absence of codified constitution of state
implies, most importantly, that the legislative body
enjoys sovereignty or unchallengeable sovereignty.
There are very few countries who are referred to
have unwritten form of constitution Ex. Britain
and Israel.
Some benefits of unwritten Constitution
It has the quality of elasticity and adaptability
to changing circumstances or situations
It is dynamic in that it prevents chances of
popular uprisings [upheavals].
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Cont.
Moreover, constitutions based on their provision of
amendment procedures can be classified as: Rigid
Constitution, and Flexible Constitution.
Rigid Constitution
Is a type of Constitution that requires special
procedures for amendment.
Written Constitutions are rigid ones, because they
need special procedures for amendment
Flexible Constitutions
Can be altered by a simple majority at the national
legislation.
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Cont.
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3.1.4. PURPOSES (FUNCTIONS) OF CONSTITUTION
Constitution of state has the following basic functions:
It serves as a framework for government –
Legislative -Peoples House of Representative
Executive -The council of ministers
Judiciary -Courts
It provides government stability -In allocating duties,
powers and functions among various organs and institutions
of government,
It limits the power of government,
The Supreme [the highest] law of a country,
Protects individuals and collective rights and freedoms of
their citizens,
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3.2. CONSTITUTIONAL DEVELOPMENT IN
ETHIOPIA
The history of constitutional practices in Ethiopia is
traced back to the formation of the earliest states of
ancient Ethiopia.
Until the early 1930s, the rule of the Ethiopian
Emperors was based on traditional and customary
political and legal premises.
The traditional constitutional experience was
characterized by the dominance of myths and legends.
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3.2.1.THE FETEHA NEGEST AND KIBRE NEGEST
The traditional constitutional experiences were based
upon the idea of the divining right of kings.
The Kibre Negest the Fetha Negest and the Sirate
Mengist served as the traditional constitutional
documents in the monasteries, Churches, Palaces and
courts.
Fetha Negest - was basically a legal code providing
secular and religious legal provisions.
The Kibre Negst - which literally means the glory of
kings, gives the account of Solomonic legend (appeared
during the 13th century).
Serate Mengist - provided certain administrative and
protocol directives to the constitutional process.
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Cont.
The myths and legends provide no opportunity for the
Ethiopian people to participate in political affairs and
to influence decision-making processes of their nations.
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Cont.
A. Parliamentary system - has two Chambers:
The Camber of the senate (Yehiig Mewesegna
Meker Bet)
The Chamber of Deputies (Yehig Memeria
Meker Bet)
B. Ministerial system - the constitution also provided the
constitutional framework for the
ministerial system.
C. Annual Budget - the constitution introduced the idea of
providing fixed annual budget for
government.
D. Judicial Branches - the constitution introduced two
separate systems of courts civil and
criminal
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3.2.3. THE 1955(THE REVISED) CONSTITUTION
The basic reasons for the Revision of the 1931 constitution
include:
One of the essential prerequisites for constitutional
revision was the Act of the Federation of Eritrea
with Ethiopia in 1952,
Pressure from the growing number of educated
people with radical idea; and
The Universal Declaration of Human Rights (1948).
The revised Constitution was the second phase of Ethiopia’s
modern constitutional development.
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Cont.
The Revised constitution was a “gift” from the Emperor
to his subjects on the occasion of celebrating his twenty-
five years in power (silver-jubilee) on 4 Nov.1955.
The revised constitution more strongly established the
absolute power of the monarch.
It declared the “inviolability” of the emperor’s dignity.
It was also determining the administrative affairs of the
church itself.
the Revised constitution consolidates the executive,
legislative and judicial power of the Emperor.
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3.2.3. THE 1987 (THE PDRE) CONSTITUTION
For a period of 13 years Ethiopia remained without a
written Constitution. Hence the country was governed by
government Decrees.
In 1987 the Dergue promulgated the Constitution of 1987.
The name of Ethiopia was Peoples Democratic Republic of
Ethiopia(PDRE).
This Constitution contained the preamble and 4 parts, with
119 articles .
Ethiopia:
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Cont.
Unitary State structure;
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Cont.
The Constitution generally establishes: Legislative,
Council of minister , Council of state, the bureaucracy
and the Judiciary.
Significant contributions:
Establishes a government through election for the first
time;
Children's right were considered;
Equality of women was considered
Marriage without consent was prohibited;
Right to work, rest and health care achieved recognition.
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3.2.4 .THE 1995 CONSTITUTION OF FDRE
Proclamation No 1/1995 pronounced the coming into
effect of the Constitution of the Federal Democratic
Republic of Ethiopia.
This Constitution is different from all previous
Ethiopia Constitutions.
The State and Government established by this
Constitution are different both in form and content
from the previous State and Government of Ethiopia.
It provides for a Federal state and a Parliamentary
democracy with a Multiparty system.
The name of Ethiopia under the Constitution of 1995
has become the Federal Democratic Republic of
Ethiopia.
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Cont.
Following the downfall of the Dergue (or the PDRE), Ethiopia
entered into what is known as “Transitional Period”.
The period terminated on August 21, 1995. During this
period, our country was under the “Transitional Period
Charter of Ethiopia”.
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3.2.4.2. FORMULATION STAGES OF THE 1995
FDRE CONSTITUTION
The FDRE Constitution adopted On 8 December, 1994 and
marked the end for the era of the transitional Period and
passed three major stages before its formulation as a
constitution. These are the following:
The Drafting Stage - was the first stage in the
formulation process of the 1995 FDRE Constitution. The
responsibility of drafting task was given to a body
known as “Constitution Commission”.
Discussion and Development Stage - This stage
involved extensive public discussion on the draft of the
constitution. This can be termed as popular discussion
and ratification of the constitution.
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Cont.
The Ratification Stage - This stage was the last stage
where by the constitution was ratified. This stage is also
known as “Adoption” or “Endorsement” stage.
3.2.4.3. OBJECTIVES OF THE FDRE CONSTITUTION
a. OBJECTIVES OF THE FDRE CONSTITUTION
The FDRE Constitution which enforced into work
on 21st of August 1995 has many objectives:
Building a political community based on the popular
will or agreement that is the destiny of all Nations,
Nationalities and peoples of Ethiopia;
To have the rule of law as the foundation of the political
community built based on popular will;
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Cont.
Ensuring lasting peace, democracy and development that
characterize the process of building prosperous country;
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Cont.
Secularism
Transparency and Accountability
Recognition of Diversity
Respecting Human Rights
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Cont.
The House of People’s Representatives
Special representation of minority nationalities and
peoples shall not exceed 550 seats, of these not less
than 20 seats are allocated to represent minority
nationalities and peoples.
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Cont.
It shall approve the appointment of Federal Judges,
members of the Council of Ministers, Commissioners, the
Auditor General, and of other officials whose
appointment is required by law to be approved by it.
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Some power of the House of Federation
to interpret the constitution and decide on a constitutional dispute
submitted to it.
It has the power to decide on issues of self-determination, including
the right to secession as well as setting territorial disputes among
regional states.
It also determines the allocation of budget and subsidies provided by
the Federal Government to the regional states.
it shall also order Federal intervention if any state, is in violation of
the constitution, which endangered the constitutional order.
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Cont.
B.THE PRIME MINISTER AND THE COUNCIL OF MINISTERS
The Prime Minister is elected from among the members of the House of People’s
Representatives. (article 73 :1) As the chief executive:
He/She plays the role of a head of government;
He/She is the commander-in-chief of the national armed forces;
He/She presides over the council of Ministers; nominates the Ministers from among
members of the two Houses or other competent persons outside of the Parliament; but
the nomination must be approved by the House of People’s Representatives;
He/She has the overall power to supervise the implementation of the country’s foreign
policy.
He/She is responsible for ensuring and supervising the implementation of laws and
policy decisions adopted by the parliament.
The term of office of the Prime Minister is equal to the term of office of the members of
the House of People’s Representatives.
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Cont.
III. THE JUDICIARY BODY
The FDRE constitution ensures the establishment of an
independent judiciary.
The judiciary as an independent organ neither the Council
of Ministers nor the parliament interferes with the legal
activities and decisions of the courts.
There are three stages of courts at federal as well as
regional level.
the Supreme Court,
the High Court, and
the First Instance Court.
The highest and final judicial power over the federal
matters is given to the Federal Supreme Court [FSC] and
such final deciding power on State matters is left to the
State Supreme Court [SSC].
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Cont.
Appointment of Judges
The president and Vice-President of the Federal Supreme
Court, who concurrently worked as the President and Vice-
President of the constitutional Enquiry respectively,
appointed by the House of Peoples Representatives upon the
recommendation of the Prime Minister.
The President and Vice-President of the State Supreme
Court appointed by the State Council upon the
recommendation by the chief Executive of the State.
Council of Constitutional Inquiry
The Council of Constitutional Inquiry which has the power
given by the constitution to investigate constitutional disputes
and submits its recommendations to the house of Federation
composed of eleven members
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3.2.6. SALIENT FEATURES OF THE FDRE
CONSTITUTION
1. Federalism - previous Constitutions of Ethiopia had
established a Unitary system of government;
2. Ethnic federalism - the Constitution recognizes the
existence of different ethnic groups and empowered the
sovereign power on them;
3. Sovereignty -sovereign power resides on the N.N.&P. of
Ethiopia.
4. Self-determination-right to develop the language,
culture, history and identity; and also the right to
secession.
40
Cont.
5. Ownership of rural and urban land-common property of
Ethiopians;
6. Secularism- State and Religion separate;
7. Accountability;
8. Constitutional supremacy;
9. Constitutional interpretation- the HF is empowered to
interpret the Constitution;
11. Parliamentary form of Government;
12. Fundamental rights and freedoms 32 articles are devoted to
discuss it.
41
Cont.
Human rights are basic and fundamental rights which are
held equally by all human beings regardless of race, age,
religion, nationality, class, language, color, birth, political
belief, social status or any other grounds.
Human rights are inalienable that do not have to be earned
or inherited. One cannot loss his/her human rights as far as
he/she alive.
Human rights are lost only at death of a person.
The FDRE constitution under its article 10 includes the
human and democratic rights as major features of its part.
BASIC HUMAN RIGHTS
The Rights to life
Right to Liberty
Prohibition against Inhuman Treatment
The Security of Person and Liberty 42
Cont.
Democratic rights are political and civil rights, alongside
human rights, from a second group of rights.
Their aim is to ensure that every person is free to take
part in his/her community’s political life, without fear of
unwarranted punishment.
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3.2.7. CONSTITUTIONALISM AND ARMED FORCES
The FDRE constitution after its formulation in 1995,
organized a National Armed Forces which composed of
different Nations, Nationalities and Peoples of the country.
The armed forces of the FDRE government make different
from the previous regime because of its composition and
its democratic culture.
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2.4. Corruption
2.4.1. Definition of Corruption
Corruption is the misuse of public power (by elected
politician or appointed civil servant) for private gain.
It has been broadly defined as the misuse of public
office for private gain and the abuse of public power.
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2.3.1. Forms of corruption
1. Petty and Grand Corruption
Petty Corruption - Practiced on a smaller scale. Defined
as the use of public office for private benefit in the
course of delivering a public service. (small amounts of
money, including bribery).
Grand Corruption - The most dangerous and hidden
type of corruption. Instances where policy making, its
design and implementation are compromised by corrupt
practices. Occurs at financial, political and administrative
centers of power.
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2. Political and Business corruption
Business Corruption – it is not regarded as a crime,
rather it is a means to accelerate business processes.
Example: bribery, money laundering, embezzlement, tax evasion
and accounting irregularities.
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3. Chaotic and Organized corruption
Chaotic Corruption - A disorganized system where there
is no clarity regarding whom to bribe and how much
payment should be offered. There is no guarantee that
further bribes will not have to be paid to other officials.
Organized Corruption - A well-organized system of
corruption in which there is a clear idea of whom to bribe;
how much should be offered and are confident that they
will receive the favor in return. Perpetrated by crime
gangs and syndicates and includes white-collar crime and
identity theft.
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2.3.2. Factors of Corruption
Corruption is like diabetes, can only be controlled, but not
totally eliminated.
Major causes of corruption:
Bad political and public administration systems - which may be
associated with Emergence of political leaders who believe in interest
oriented rather than nation-oriented programs and policies.
Absence of societal vigilance to protect public property that is tolerance
of people towards corruption.
Lack of transparency, especially at the institutional level.
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.
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The effect of corruption is not just robbery of public money and
property. It also endangers a democratic system and good
governance in the society and it is:
A cause to violation of basic human rights.
Ant A cause for injustice and inequality.
Antithesis to socio-economic development.
Dangerous to national security and order.
A major cause eroding the confidence that the public has to the
government.
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2.3.3. Effects of Corruption
I. Effects of corruption on people
There are different effects of corruption on people.
These are:
Lack of quality in services - In a system with corruption
there is no quality of service.
Lack of proper justice - Corruption in judiciary system,
leads to improper justice.
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Chances of Unemployment - This we can see with an
example. The private education and training institutes
are given permits to start providing education. Instead
of 10 faculties a college is run by 5. So, even if well
qualified persons wish to get job there, they will not be
offered.
Poor Health and hygiene - no fresh drinking water,
proper roads, quality food provided sub-standard
quality goods and services.
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Pollution - Pollution is mostly emitted in the form of water
pollution, air pollution and land pollution.
Accidents - Sanction of driving license without proper
check of driving skills.
Failure of genuine research - Research by individuals
needs government funding. Some of the funding agencies
have corrupt officers.
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II. Effects of corruption on Society
Disregard for officials - People start disregarding the
official involved in corruption by talking negatively about
him.
Lack of faith and trust on the governments - People
vote to a ruler based on their faith in him/ her.
Lack of respect for rulers - Rulers of the nation like
president or prime ministers lose respect among the
public.
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Aversion for joining the posts linked to corruption -
Sincere, honest and hard working people develop aversion
to apply for the post though they like to as they believe
that they also need to be involved in corruption if they get
into post.
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III. Effects of corruption on Economy
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Differences in trade ratios - standard control institutes
are corrupt that they can approve low quality products
for sale in their country.
For example: China products which can’t be just
dumped into Europe and US markets. But can be done in
African markets.
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2.3.4.Combating Corruption
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End of Chapter – 4
Thank you!
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