UNIT: TWO

RULE OF LAW
Lessons
1. Rule of Law and Constitution
2. The Necessity of the Rule of Law
3. Limited and Unlimited Governments
4. The Rule of Law and Combating Corruption
Lesson 1: Rule of Law and Constitution
The difference b/n constitution and Constitutionalism are
Constitution
 It consists of fundamental laws of a country.
 Constitution is the mothers of all laws; all other ordinary laws are derived from
and subjected to this blue print (it).
 Hence, constitution is supreme law of a land; any other law contradicted with the
provisions of the constitution becomes void or invalid.
 It is a brief and general outline.
 It includes basic rules, regulations, values, beliefs, traditions, norms, customs,
standards and aspirations that channel internal affairs of a country and give
direction to country’s foreign relation.
 It is a document containing essential principles on distribution of governmental
powers as well as rights and responsibilities of citizens.
Constitutionalism
 Government officer’s and citizens act in accordance with the rule of law rather than
arbitrary.
 Constitutionalism is the way that public authority is to be exercised, implemented,
or applied according to the law.
 It implies the proper implementation or practice of the principles, which are
included in the constitution.

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  Constitutionalism refers to a doctrine that governments should be faithful to their
constitutions because the rules and laws so provided are all that can protect
citizens’ rights from arbitrary actions and decisions of the government.
 The essential elements for constitutionalism are constitution and its effective
implementation.
 It is another name for the concept of a limited and civilized government.
The major Purposes of Constitution
 Serves as a framework/outline for government
 Grants powers to government
 Constitution limits government powers
 Constitution as the supreme law of a country
The distinctive features of a constitution
1. Generality:
 A constitution provides the general principle of a state and carry on foundation
and sets out general framework of the law and the government. Other laws
provide the details of the subject for which they are created.
2. Permanency:
 Unlike laws, constitution is made for undefined period of time. That means
constitution serve for a long lap (round) of ages.
 It is purposely made to be stable and permanent. On the contrary, other laws
are tentative, occasional/irregular and in the nature of temporary existence.
3. Supremacy:
 Constitution is the highest law of the country.
 All laws they confirm to it.
4. Codified (arranged) document:
 It is an organized document.
 Constitutions are written down often in a single document that presents the
constitution in a systematic manner.
5. Allocation of powers:
 It distributes powers and functions to government and

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  It specifies the rights and duties of governments and citizens who can do what,
to whom, and under what circumstances (conditions).
Classification of Constitutions
Constitutions are classified into different categories using different criteria.
1. Constitution based on form
a. Written Constitution
 A written constitution is one in which most of the provisions are embodied in a
single formal written instrument.
 It exists in a single document containing the fundamental laws and principles
specifying the rights of citizens, defines the political structure of a state and
determines the distribution of government powers.
For example, India, Kenya, Ethiopia, USA, Germany, Brazil, Indonesia, Jordan,
Venezuela and Nigeria have written form of constitution.
Merits of Written Constitution
1. It is easily accessible to citizens
2. Citizens can easily learn about their rights and duties.
3. It is full of clearly and definite
4. It has the quality of stability.
Demerits of written constitution
1. It creates a situation of rigidity. b/c all important rules are on writing, attempts are
made to act according to rules
2. It becomes difficult to change it easily and quickly as per the requirements of time.
3. It is not easily adapted to a new situation or changing circumstances.
b. Unwritten Constitution
 Unwritten constitution is basically means that the fundamental principles and
powers of the government are not written down in any single document.
 It consists of customs, conventions, traditions, and some written laws bearing
different dates.
 The British constitution is the best example of unwritten constitution.
Merits of Unwritten Constitution

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1. It has the quality of elasticity and adaptability. Since, most of the rules are in an
unwritten form, people may adapt them in response to the new constitution.
2. It is so dynamic, it can be change easily.
Demerits of Unwritten Constitution
1. it is not easily accessible to the public, b/c it is not compiled in to a single document
2. It leads to situations of instability.
3. It leads to the state of confusion.
4. It may be suitable to a monarchical or aristocratic system.
2. Constitution based on complexity of amending process
a. Rigid Constitution
 Here, the process of amendment is difficult, does not adapt itself to changing
circumstances immediately and quickly or simply one whose amendment
procedures are relatively complex or difficult
 A constitutional amendment bill must be passed by the parliament by special
majority.
 A more difficult procedure of constitutional amendment is the one which requires a
national referendum.
 A referendum is the process of direct voting by citizens to support or rejects at
constitutional amendment or other major national issues.
 Those countries like USA, Australia, Denmark and Switzerland are known to have
rigid constitutions.
b. Flexible Constitution
 It is the constitution which set up simple amendment procedure and there is as
such no special required procedure for amending a constitution.
 The simplest and commonest amendment procedure is the one which requires
an absolute majority (two thirds support) in the parliament.
 If it is very simple and convenient, the constitution is flexible.
 The United Kingdom and New Zealand may be altered (changed) by a simple
majority vote in the legislature.
3. Constitution based on degree of practice/implementation
a. Effective Constitution:

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  The government and citizens implemented it.
 It denotes to a situation in which government/citizens practices correspond to
the provisions of the constitution.
 Practice rules and laws to constrain or limit government behavior and activities
 Establish Constitutionalism.
b. Nominal constitution:
 The constitution only remains to have paper value.
 There is the absence of constitutionalism.
 A nominal Constitution is not observed in practice but in form.
4. Based on the kind of state structure
a. Federal Constitution:
 This constitution purely classifies and decentralizes power between the central
government and regional/local units and such constitutions are referred as federal
constitutions.
 For example, the United States of America, Canada, Australia, there exists a division
of powers between central government and the individual states or provinces which
make up the federation.
b. Unitary Constitution:
 In unitary constitution state power is concentrated in the hands of the central
government. .
 Powers and responsibilities are delegated to them by the central government.
In Ethiopia there are federal and state constitutions.
The difference b/n federal and state constitutions
a. Federal constitution
 Is the supreme law of the land and forms an umbrella that gives shelter to all
regional state constitutions
b. Regional constitutions
 The Constitutions of the regional states have established governments at the
regional level. As a result, the regional governments (states) have their own
respective legislature, executive and judiciary bodies.

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 Both the FDRE Constitution and the constitution of the regional states provide that:
a. Power can only be assumed according to the law stated in the Constitution
b. Everyone is subject to the law and jurisdiction of the courts.
c. Both the government and the citizens act only in accordance with the
Constitution.
d. The basic rights of citizens are respected.
Lesson 2: The Necessity of the Rule of Law
Activity
 Define rule of law?
 Explain the importance of the rule of law?
 Describe what follows when rule of law breaks down?
 Explain how to prevent and manage conflict?
Rule of law:
 No one is above the law except the Constitution. But the Constitution is a supreme
law of a country and all laws should be inferior/subordinate to it.
 Rule of law establishes restrictions, both on the governor and the governed. This
means the government officials who are elected and hold offices must respect the
basic rights of citizens.
The importance of the rule of law
a. It provides security: Where there is rule of law;
 The rights of individuals and groups will be respected.
 Nobody has the right to go against the well-being of individuals and groups of
people.
 In addition to this, the right extends to the protection of their property.
b. It provides governing conduct
 Where there is rule of law, individuals and groups of people would behave
in accordance to law.
c. It helps for the existence and protection of human and democratic rights.
Where there is rule of law,
 Democracy could be properly exercised.

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  Human and democratic rights would be protected.
 It prohibits people from violating the rights of others
d. Individuals live in peacefully
 They have to respect and work for the common good of society.
The absence of rule of law could results:
 anarchy and arbitrary rule
 lack of peace and stability
 lack of justice
 lawlessness,
 disorder,
 destruction,
 insecurity, and conflicts
Anarchy means a situation in a society whereby there is no supreme power or law, which
will result in political and social disorder.
What is conflict?
Conflict means disagreement that arises due to differences that can result from
divergences of interests in a society.
Causes of conflicts
a. Resources: Territory, water, money etc.
b. Power
c. Identify
d. Values and beliefs
Methods to prevent and manage conflict
These are
 by adhering to the values and principles of the Constitution,
 by working together on common problems
 by identifying the commonly shared values, interests and goals and
 by using alternative means of conflict managements such as
 negotiation
 mediation
 arbitration

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  Litigation.
Lesson 3: Limited and Unlimited Governments
Activity
 Describe the nature of limited and unlimited governments.
1. Limited government:
 is a government whose power is restricted constitutionally.
 An absence of arbitrary power and protection of basic rights and freedoms of
citizens characterize such governments.
 A country with limited government exercises constitutionalism.
The characteristics of Limited government
a. Accountability and transparency
b. Prevalence of the rule of law
c. exercises constitutionalism
d. protection of rights and freedoms of citizens
e. checks and balances between the organs of government
2. Unlimited government
 Exercised un-restricted power.
The characteristics of unlimited government
a. Authoritarianism and totalitarianism
b. There is no constitutionalism
c. Lack of transparency and accountability
d. Violation of rights
e. Absence of rule of law
f. Undemocratic and includes monarchies and dictatorships.
Examples of such types of governments include
 Fascist Italy under Benito Mussolini’s rule,
 Nazi Germany under Adolph Hitler, and
 Spain under General Franco.
Apartheid in South Africa
Apartheid was a policy of racial segregation formerly followed in South Africa. The word
apartheid means “separateness” in the Afrikaans language and it described the rigid racial
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division between the governing white minority population and the nonwhite majority
population. This meant that non-whites were denied many of their basic human rights. The
National Party introduced apartheid as part of their campaign in the 1948 elections and, with
the National Party victory, apartheid became the governing political policy for South Africa
until the early 1990s. Although there is no longer a legal basis for apartheid, the social,
economic, and political inequalities between white and black South Africans continue to exist.
Lesson 4: The Rule of Law and Combating Corruption
Activity
 Explain the role of individuals and institution in the fight against corruption.
Corruption
 It is morally wrong and one of the ways of breaking rule of law.
 It is also a serious problem that countries are suffering from and a setback to the
development efforts of a nation.
Forms of corruption
1. embezzlement
 This is an act of using money placed in one’s care wrongly, especially in order
to benefit oneself.
 Some people commit this crime in their capacity as cashiers, auditors and
supervisors.
 Embezzlement is committed individually or collectively.
 Embezzlement may be committed by producing false receipts or approvals.
2. Nepotism
 It is the action taken by government officials who favor their own relatives,
often at the expense of others.
For example, when the manager appoints his/her own family members to work in the
office rather than advertising and selecting fairly from other candidates.
3. Bribery
 It is to give or receive money or something of value in return for a favour.
For instance, paying someone in authority to give you priority on a hospital waiting list or
to be selected as a candidate for employment are forms of bribery.

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The Causes of corruption
 Greediness and selfishness
 Wide spread of poverty
 Low salaries of employees
 Socio-cultural outlook (sishom yalibela ….)
 Lack of mechanism to check and balance
 Lack of rule of law
 Absence of auditing system
The consequences /Impact of corruption
 poverty
 impediment in economic growth(development)
 inequality in terms of income
 discourage investment
 biased tax system
 hindrance for good governance
 distorted market system
 violation of citizens’ rights
 lack of faith and disregard for the law
Anti-corruption strategies
a. Individual roles
 Creating awareness
 Must be honest and truthful in their day-to-day activities.
 They should be respect for rules and regulations of the country.
 Exposing mal-administration and corrupt behaviors
 Active and full participation of the public and unreserved commitment
b. institutional roles
 The Ethics and Anti-Corruption Commission.
 Creating independent free media
 Providing adequate salary
 Establishing general auditors
 Creating heavy penalty

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 Creating strong check balance mechanism
 Commitment of government institutions.
 Accountability and transparency of government officials
 Punished corrupt individuals

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