TITLE OF MODULE: COMPARATIVE CONSTITUTIONAL LAW
GENERAL DATA
Module Number
Module Title Comparative Constitutional Law
Module Level Masters
Abbreviation
Duration in One semester
Semesters
Language English
ECTS Total hrs: 200
Credits: 7
WORKLOAD
Contact Hours Hours of presence in sessions belonging to the module (use Module-Calculator to
calculate) 60
Self-Study Hours Pre- and post-preparation including preparation for exams and other learning
activities (use Module-Calculator to calculate) 140
Total Hours Contact Hours + Self Study Hours (use Module-Calculator to calculate) 200
ASSESSMENT ASSESSMENT
Description Written exam, analytical paper, presentation
Examination Types Written
Examination 3 hours
Duration
Assignments Two presentations, three papers
Repetition Options for repeating the examination
DESCRIPTION
Module Description This course examines and compares the operation of major institutions and
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doctrines of constitutional systems in Ethiopia, South Africa, India, and mature
democracies like The United States and Germany. The differences and similarities
are carefully examined with the effect that students will understand the political and
other factors that explain the differences and similarities. Topics covered include:
Constitutionalism and democracy; the adoption and adaptation of constitutions;
constitutional development in Ethiopia and the various conflicting interpretations
explaining the political crisis in the 20th century that gave rise to the adoption of the
1995 constitution; the higher status of constitutions and the mechanisms for
enforcing them; separation of powers and checks and balances as applied in
different polities; merits and demerits of parliamentary and presidential institutions
and their key features; the role of parliaments in democracy particularly in
exercising oversight over the other branches of the government; judicial
independence, accountability and organization of the judiciary; freedom of the press
and religion, constitutional review of legislation, principles and techniques of
constitutional interpretation.
With a view to making this course of interest to students from several disciplines,
issues concerning democracy and the institutions that make it effective, the various
electoral systems and their merits and demerits and the role of political parties will
also be a major focus of the course. The goal is to put the Ethiopian constitution in a
comparative perspective and to provide the students with alternative scenarios on
various issues covered in the course.
Learning Outcomes At the end of the course students will be able to:
Explain the notions of constitutionalism and democracy and how these
concepts are reflected in modern constitutions;
Explain the meaning of a constitution, key features and its contents;
Explain some of the constitutional theories;
Describe the process of adopting and amending a constitution;
Elaborate the Ethiopian constitutional development and the context of the
1995 federal constitution;
Explain the notion of separation of powers and distinguish presidential and
parliamentary systems of governments;
Elaborate on the legislative –executive relations in the parliament
Summarize the role and function of government institutions (the legislature,
the executive);
Elaborate the respective role of the Courts and the House of Federation in
enforcing the constitution;
Explain the notions of constitutional review, its various forms and the
arguments in favor and against;
Illustrate the notion of judicial independence and accountably;
Elaborate, at least, some of the rights that individuals and groups enjoy
under the constitution, scope and limits, their features and institutions for
enforcing them.
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Discuss some of the tips on constitutional interpretation
Prerequisites Basic knoweldge on Comparative federalism is required
Content Learning Unit One. Constitution, Meaning, its Features
1. The meaning of a constitution, its features
1.1 Source of legitimacy and reflection of sovereignty of the people
1.2 Sources of the Constitution
1.3. Types of constitutions
1.4 Status of International Instruments under the Ethiopian constitutional
Framework
1.5 The process of adoption and the way constitutions adapt over time
1.6 Constitutionalism and Democracy: two competing values
1.7 Ethiopian Constitutional Development
The main features and institutions established
Learning Unit Two: Horizontal separation of Powers
2.1 Horizontal Division of Power
2.2 The presidential System
2.3 The Parliamentary system
2.4. Electoral systems
2.5 The Legislature
2.6 The Executive
Learning Unit Three : The Judiciary
3. The Judiciary
3.1 Court structure in federal systems
3.2 Jurisdiction (division of power between federal and state courts)
3.3 Judicial independence
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Learning Unit Four: A brief introduction on federalism
4 Vertical Division of power
4.1 Territorial application of federal and state laws
4.2 Federalism-its essential features
4.3 Nation state vs Multicultural federations
4.4 Its role in accommodating diversity
4.5 Division of legislative power
Enumerated powers
Residual powers
Concurrent/framework powers
4.6 Fiscal federalism
Learning Unit Five: Human Rights
5.1 Human Rights – origin, features, interpretations
5.2 Freedom of the Press
5.3 Freedom of Religion
5.4 Limitation and Suspension (emergency) of Rights
Learning Unit 6 hours/two weeks: Adjudication of constitutional issues
6. Adjudication of Constitutional Issues
6.1 Goals of Constitutional Interpretation
6.2 Who should interpret the Constitution?
6.3 The Respective Role of the House of Federation and the Courts
6.4 Why the House of Federation
6.5 The Forms of Review
6.6 Effects of Decisions of constitutional Tribunals
6.7 Some tips on Constitutional Interpretation
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Seven Wrap up
7.1 Prospects for Constitutional Development in Ethiopia?
7.2 The challenges of constitutions without constitutionalism
Learning & Teaching
Methods A combination of delivery methods is used to achieve the Module Level Outcome.
The methods include lectures, discussions, debates and presentations. Discussions
and debates could be on issues that arise spontaneously or on questions/issues
raised by the instructor in the form of control questions distributed along the
syllabus. The presentations are based on the research conducted by each student in
the course of preparation of an individual research paper.
Media Teaching materials are available in the library. They are categorized in three groups:
Module readers prepared by the instructor and additional required readings are
available to complete the module. For complete list see bibliography below
Literature/ Required readings
Bibliography The Three Readers prepared by Assefa Fiseha (ECSC Library) AND
Heinrich Scholler, Ethiopian Constitutional and Legal
Development, Vols. I and II (Koln: Rudiger Koppe Verlag, 2005 and 2006).
J.C.N. Paul and C. Clapham Ethiopian Constitutional Development, vols. I & II
(1967, 1971)
K. C. Wheare, Modern Constitutions, 2nd edn 1966
Stanley De Smith and Rodne Brazier, Constitutional and Administrative Law
8th edn. 1998
S. E. Finer, V. Bogdaor, B. Rudden, Comparing Constitutions 1995
Lijphart, ed. Parliamentary vs Presidential Government 1998
Jackson and Tushnet, Comparative Constitutional Law 1998
Fasil Nahom, Constitution for Nation of Nations 1997
Assefa Fiseha, Federalism and the Accommodation of Diversity in Ethiopia:
A Comparative Study 2006 (chapters one and three)
Solomon Nigusie, Fiscal Federalism in Ethiopia's Ethnic Based Federal
System 2006
Murphy, Walter, James Fleming and Sotirios B, American Constitutional
Interpretation 2nd, (New York: Foundation Press Inc. 1995).
Aharon Barak, The Judge in a Democracy (Princeton Univ press 2006)
particularly relevant for understanding the Role of the Judiciary
Durga Das Basu, Comparative Constitutional Law (Wadhwa Nagpur 2nd rev
edition 2008)
Andras Sajo, Limiting Government: An Introduction to Constitutionalism
(CEU Uni. Press, 1999)
Brewer-Carias, Allen, Judicial Review in Comparative Law (Cambridge:
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Cambridge University Press, 1989);
Cappelletti, Mauro, The Judicial Process in Comparative Perspective (Oxford:
Clarendon Press, 1989);
Koopmans, Tim, Courts and Political Institutions : A Comparative View
(Cambridge: Cambridge Uni. Press, 2003);
Levine, Donald, Greater Ethiopia: The Evolution of Multiethnic Society 2nd ed
(2000);
Markakis, John, Anatomy of Traditional polity (1974)
James, Wendy, Donald Donham, E. Kurimoto, A. Triulzi eds., Remapping
Ethiopia: Socialism and After, (Oxford: James Currey, 2002).
John Harbeson, Ethiopia’s Extended Transition, Journal of Democracy 16:4
(2005)
Sartori, Giovanni, Comparative Constitutional Engineering 2nd ed. (New York:
New York Uni. Press 1997).
Wyk, Dawid Van, John Dugard et al eds. Rights and Constitutionalism: The
New South African Legal Order (Oxford: Clarendon Press , 1995).
Eric Barendt, Freedom of Speech 2 nd edn. (Oxford Uni Press 2005)
1.1.1 ORGANISATIONAL DATA
Responsible Persons Assefa Fiseha, Ph.D, Associate Prof.
Teaching Sessions e.g. Tuesdays: 8:30 – 10:00 & 10:30 _ 12:30
Programmes Programmes within which the module is offered
-Public Law and Good Governance
Interconnect-ability
