UNIT 4

Constitutionalism

4.1. The meaning of constitution and constitutionalism

A constitution is the supreme law of a country. It is the document that contains the
nation’s basic and fundamental law, outlining the organisation of the government and the
societal principles. It is a reflection of a nation’s desires and aspirations. It is a method of
outlining a given state’s social, political, and economic policies and principles.

Thus, Constitution is:

● A fundamental or supreme law of the land.

● A set of fundamental customs, traditions, rules and laws that set forth the basic way by
which a government is organised and operates.

● A document that contains the laws and beliefs of a nation; including the powers and
responsibilities of the government and the rights of citizens.

Constitutionalism: is a form of political governance in which state power is exercised in

accordance with the established rules outlined in the constitution. Constitutionalism is the
belief that the government’s powers can be limited and that its authority is dependent on
observing these limitations. It refers to the doctrine that governments should be faithful to
their constitutions because the rules and laws provided in the constitution are all that can
protect citizens’ rights from the government’s arbitrary actions and decisions.
Constitutionalism is more about a society’s political culture than it is about having a
written constitution. Constitutions must be followed and enforced by both the government
and the citizens

4.2. The purposes of the constitution

It is critical to recognize that the fundamental rationale for establishing a constitution in

any political system is the need to limit the powers and authorities of government while
also ensuring and safeguarding citizens’ rights. In addition to this, constitutions serve some
fundamental purpose and function. Among them are the following:

● The constitution defines a state’s political structure and the distribution of government
powers, like for example, whether a country becomes a federal state or a unitary state. It
establishes various branches of government and defines who does what by limiting their
power. It establishes certain fixed principles for government operation as a result of this.
 ORGANS OF GOVERNMENT

1. Legislature……………makes law
2. Executive…………………….implement the law
3. Judiciary…………………………interpret the law

● It serves as the state’s supreme law and even as a national symbol of the state, where by
everyone and everything else operates under the constitution

● It also establishes general rules governing citizens’ duties and rights, as well as ensuring
their welfare or safety, prosperity, health, and happiness. Most constitutions include a
declaration of citizens’ fundamental rights. These will include, at a minimum, the right to
life, liberty, freedom of thought, speech, association, and assembly, and freedom from
arbitrary arrest or unlawful punishment.

● It also determines whether a country’s government is presidential, parliamentary

republican, or monarchical.

● It establishes the legitimacy of government in newly formed states. It grants

governments the legitimate or legal right to rule or govern, and thus serves as a tool for
legitimizing regimes.

● It also reflects the values, ideas, and goals that appear to best express the spirit of the
country’s political culture. Constitutions may define the national flag, anthem, and other
symbols as instruments for nation building.

4.3. The importance of constitutionalism

Enhances democratic system

It enables the government to put the constitution’s values and principles into action, which
are essential components of a democratic system. This, in turn, leads to the presence of
thriving democracy in a given state. Meanwhile, it is not an exaggeration to claim that
constitutionalism provides the principles that govern democratic government.

Promotes Equality before the law

The presence of constitutionalism in a given country would create an opportunity in which

no one is above the law, regardless of position or wealth. As a result, the law should not be
twisted to benefit any individual, whether rich or poor, young or old, king or servant,
literate or illiterate, etc. As a result, the principle states that all citizens of a country should
have equal access to legal facilities, a fair hearing, an Provides limited and accountable
government The primary goal of constitutionalism is to limit governmental power, to check
and restrain those who hold public office and wield political power. According to
constitutionalism, those who govern should not be absolute. The exercise of their functions
and authority is constrained by a constitutional provision. Constitutionalism is linked to the
concept of limited government by establishing mechanisms for holding officials
accountable to the electorate, separation of powers, checks and balances, human rights
protection, and so on.

On the other hand, the ruling officials are bound by laws approved by the people and must
account to them for their actions. The right of the people to vote on competing parties on a
regular basis ensures that ruling officials are at least minimally accountable and responsive
to the governed.

Leaders who consistently fail to meet the majority’s demands will be replaced by
competitors in the next election. Constitutionalism ensures that the government acts as a
trustee for the people.

Respect for Fundamental Human Rights

Individual rights must be incorporated into a constitution and other laws, but this is not an
end in itself.

It is merely a means to an end. It must be demonstrated that these rights are respected and
protected. Constitutionalism strengthens the practical protection of citizens’ fundamental
human rights. This principle contends that citizens of a country should have certain
fundamental inalienable rights and liberties, violations of which they have the right to seek
redress in a court of law. A violation of these liberties constitutes a violation of the
provisions of the constitution. As a result, constitutionalism ensures the fundamental
human rights, personal liberty, and freedom that are at the heart of democracy.

Ensures Popular Sovereignty

The legitimacy of any governmental power is derived from public consent. In other words,
the people give the government their mandate. The general public is involved in the
decision making process, which can take various forms. The most obvious is the
representative election.

Constitutionalism advocates for every adult’s right to vote and be voted for in all political
elections. When the public loses faith in its representatives, and the latter fail to represent
the public’s interests, representatives may be recalled before their term of office expires.

Promoting the common good:

Constitutionalism also allows all citizens to work together toward a common goal. The term
“common good” refers to the primacy of social interests over personal interests. In other
words, it denotes the subordination of personal interests to the good or benefit of the
community. The promotion of community interest promotes a common goal from which all
individuals benefit.

4.4 The Classifications of the constitution

Constitutions of states in various political systems differ in terms of their principles on the
distribution of political power, the structural separation of authority among the various
branches of government, the limits they set on government authority, as well as their
amendment procedures and forms. As a result, state constitutions can be divided into the
following categories

4.4.1. Written and Unwritten constitutions

Based on their form or appearance, constitutions can be classified as written and

unwritten.

Written constitutions are those that are contained in a single document. A single document
contains the fundamental principles and rules defining citizens’ rights and responsibilities.
The constitutions of the United States, Canada, Nigeria, and Ethiopia are best examples of
countries with written constitutional experiences.

Unwritten constitutions, on the other hand, do not exist in a single written document, but
rather in a collection of documents, customs, and conventions. That is, in countries with
unwritten constitutions, parliamentary acts, customary practices, court decisions, and so
on serve as constitutions. For example, the constitution of the United Kingdom is not
compiled in a single document.

4.4.2. Flexible and Rigid Constitutions

Depending on the complexity of the requirements stated in the amendment procedures, a

constitution may be considered rigid or flexible.

A rigid constitution is one that is difficult to change because it requires a series of

procedures or requirements for an amendment. For example, the constitutions of the
United States, Canada, Nigeria, and Ethiopia all include a series of amendment procedures.

A flexible constitution, on the other hand, is one that can easily adapt to changing
circumstances because the procedures for constitutional amendment are simplified. A
normal legislative process, for example, could easily amend the constitution of the United
Kingdom.

Amendment: is simply the process of changing or modifying a country’s constitutional

provisions in order to adapt to current or changing circumstances.
 4.4.3. Effective and Nominal Constitution

On the basis of their implementations or performance, constitutions can be categorised

into Effective or practical and nominal or not practical. In an effective constitution, all of the
laws stated or appeared in it are respected and all of the time successfully exercised.
Constitutionalism is the practice of adhering to a constitution. This means that the
government of such a country follows the constitution.

In the case of a nominal constitution, however, the laws stated in the constitution are not
practically implemented. For example, the constitution of the former Soviet Union (USSR)
grants the right to speak, write, and assemble, and so on. In practice, however, this is not
the case.

4.4.4. Federal and Unitary constitution

A Federal constitution is a type of constitution that distributes political power and

authority between federal and regional levels of government,

unitary constitution concentrates all political power and authority in the hands of a single
central government. The power of the central government is absolute in a unitary
constitution, and it can establish or abolish the existence and operation of lower level
governments at any time. Regional governments have no constitutional guarantee of
survival under this type of constitution

4.5. The need for constitutionalism in sustaining peace and stability .

Individual and group rights will be respected where there is constitutionalism. Nobody has
the authority to interfere with the well being of individuals or groups of people. As a result,
the existence of constitutionalism provides people with a sense of security by providing
order and predictability. Authorities, for example, can take illegal actions against your
individual and collective security of life and property. The role of the police observing
peace in your kebele is to prevent crime and to ensure the safety and peaceful coexistence
of the people.

The presence of constitutionalism governs people’s relationships with one another as well
as their relationships with their government. In a nutshell, rules and regulations provide us
with an opportunity, and its society plays a significant role in defining the way the state is
organised, how it functions, and the relationship between those who govern and those who
are governed.

The importance of constitutionalism in sustaining peace and stability cannot be overstated.

As a result, the absence of constitutionalism will lead to:
Lawlessness: is a state in which chaos and disorder are the order of the day. As a result, in
such a situation, violent conflict, robbery, and violations of human and democratic rights
are common.

Arbitrary rule and power exercise: acting on one’s own will and decisions, in violation of
laws and the rights of others. Arbitrariness is the inability to predict what will happen next.

Absence of certainty: this is the state of being pessimistic about one’s own life. People fear
today, tomorrow, and even each other if there is no constitutionalism. This is due to the
lack of predictability, which can lead to unexpected consequences for one’s life, property,
and other aspects of social life. In general, if justice is endangered, peace and stability are
threatened, and people feel insecure and unable to plan their future. There is inequality
where laws cannot protect everyone’s equality. Corruption would prevail, which is a crime
against individuals, society, and the destiny of the country

Critical thinking

Suppose that the principal of your school or a police officer in your locality has the power to do
whatever he or she likes against you and your friends. He or she can beat you, torture and even
other deeds to you and your friends as he or she wishes. He or she can do this whether or not
you have done something illegal; rather you have no right to bring him or her to the court
 Unit Review Questions

Part I: True or False Items

1. Unlike other laws, the Constitution is the fundamental law of a given state.
2. The existence of a constitution is a grantee for the protection of basic rights.
3. Based on the distribution of power, constitution can be federal and unitary.
4. Unlike a written constitution, an unwritten one can be easily accessible to citizens.
5. Inequality and corruption endangers the flourishment of constitutionalism.

Part II: Multiple Choices Questions

1. Which one of the following countries is not an example for following a written
constitution?

A. Great Britain. C. Ethiopia B. United states D. Nigeria

2.______is a form which requires simple procedure for amending the constitution.

A. Rigid constitution C. Flexible constitution

B. Written constitution D. Federal constitution

3. Constitutionalism necessarily implies all except:

A. Limited government C. The presence of constitution

B. Respect for basic rights D. Prevalence of the Rule of law

4. Which one of the following is the basic purpose of the constitution?

A. Define the basic organs of government C. Provides limits for government power

B. A base for nation building processes D. All are correct answers

5. Among the following, which one is not the purpose of constitutionalism?

A. Ensuring sovereignty of the peoples.

B. Promotes the common good and national interest.

C. Make government officials accountable and responsive.

D. Impedes the democratisation processes of a country.

 Part III: Short answer Exercise

1. ______________ is a way in which state power is exercised in accordance with the laws
embedded in the constitution.

2. _______________ is acting on one’s own will and decisions, in violation of laws and the rights
of others.

Part IV: Give Short answers for the following questions.

3. Discuss some of the importance of constitutionalism for a given country?

4. Evaluate the consequences of absence of constitutionalism in a given country?

5. Compare and Contrast effective and nominal constitution and evaluate each in its
implication in sustaining constitutionalism?

6. Write down the role of constitutionalism in sustaining peace and stability?

 UNIT 5

HUMAN RIGHTS
5.1 Classification of Human Rights
Human rights are universal because they are founded on the dignity of every human being,
regardless of race, color, sex, ethnic or social origin, religion, language, nationality, age,
sexual orientation, disability, or any other distinguishing characteristics. They apply equally
and uniformly to every person and are the same for everyone everywhere because they are
accepted by all States and peoples. Regardless, there are common categories of human
rights
A. Civil and Political Rights

Articles 2 to 21 of the 1948 Universal Declaration of Human Rights (UDHR) established Civil
and Political Rights. It has a direct impact on the Federal Democratic Republic of Ethiopia’s
constitution, as stated in articles 14-40. These are also referred to as liberty rights or first
generation rights. They are as follows:

◙ The Right to life

◙ Right to Security
◙ Protection against Slavery
◙ Right to Privacy
◙ The Right to due and fair process of Law
◙ The Right to Liberty of Thought and Expression
◙ The Right to Religious Freedom
◙ The Right to Association and
◙ The Right to Property
B. Economic, Social and Cultural Rights

Articles 22 to 27 of the Universal Declaration of Human Rights (UDHR) address Economic, Social, and
Cultural Rights. These are also referred to as equality rights or second generation rights. These are also
stated in FDRE articles 41 and 42. These are some examples:

L the Right to Work

L the Right to Social Security

L the Right to Protection against Unemployment

L the Right to Good Living

L the Right against slavery and exploitation

L the Right to Education and

L the Right to health services

Along with these rights, there are consumer protection rights that should be mentioned. Consumer
protection rights refer to the measures adopted for the protection of consumers from corrupt and
unethical malpractices by the business and to provide them speedy correction of their complaint. These
include …

L the right to safety

L the right to be informed

L the right to choose

L the right to redress/ get compensation and

L the right to respected

C. Solidarity Rights

According to Article 28 of the Universal Declaration of Human Rights, every person is entitled to social
and international systems in which all rights and freedoms are fully available to him/her. These are also
referred to as fraternity or solidarity rights or third generation rights. They are also explicitly stated in
articles 43 and 44 of the FDRE constitution. This category contains

L the rights to Power

L a Right to Just Distribution of wealth

L the Right to Economic and Social Development

L the right to a Clean and Healthy Environment

L the Right to participate in the process of Development and

L the Right to peace and etc