Elaborate the concept of constitution.

A constitution is a body of fundamental laws and principles according to which a political state
is governed. Constitution is the system of fundamental principles according to which a country,
state, institutions etc, is governed. As provided in Art 10(1) and 8(2) of 1995 FDREC stated that,
constitution is the supreme law of the land and constitution is an expiration of the sovereignty.

It is a totality of legal rules, institutions and customs whether written or merely embedded in
the convocation of the community which constitute the basis for the organization of a political
system.
It is also a collection of principles according to which the power of government, the rights and
duties of the governed (subjects) and the relation between the two are adjusted.
The constitution is considered as a power map because it indicates the formal distribution of
authority within the state. A constitution describes the composition of powers of different
states organs and regulates the relation between state organs.
 Constitution has many purposes: -
o Defining the nature of a given government
o Defining the material bases of states that is defining the socio-economic order of the
society
o Defining the form (.i.e. democratic, monarchy) and structure of government
(presidential, parliamentary, hybrid)
o The ideas indicated under constitutions are general and details are left to other
legislations. This means subsequent legislations are based on the principles
contained in the national constitution because constitution is the law of the land.
The major purpose of a constitution is to establish the main organs of a government and ensure
appropriate power division among them and also to control the exercise of governmental
power, especially as affects the rights and interests of individual citizens and those of different
communities in a multiethnic community, the constitution is supposed to set standards against
which governmental actions could be measured.
Constitution has many divisions based on its nature, similarities and difference. There are two
approaches in classifying constitution. There are Modern and Traditional approaches.

According to traditional approach constitution classified based on three criteria.

 The form of constitution whether written/unwritten

 The level of easy to amend the document (whether it is rigid or flexible)

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  Institutional structure (whether constitution establishes a monarchy, or republic, a
federal, unitary, or confederate government, a parliamentary or presidential form of
government)

Compare and contrast constitution and constitutionalism.

Constitution lays down rules and constitutionalism outlines its implementations.

Constitution is the basic law of a state which sets out how that state will be organized,
the powers and authorities of government between different political units, and by
stating and the basic principles of the society. Constitutionalism thus can be understood
as a systematization of thinking about constitutions grounded in the society.
Constitution is the essential and organic law of a nation or state that establishes the
institution and system of government, defines the scope of governmental sovereign
powers, and guarantees individual civil rights and civil liberties. But constitutionalism
proclaims the desirability of rule of law as opposed to rule by the illogical judgment.
Constitution defines the principles up on which the state is based, the procedures in
which laws are made and by whom. Some constitution’s especially codified
constitutions also act as limiters of state power, by establishing lines which a state’s
rulers cannot cross such as fundamental rights. Constitutionalism is descriptive of a
complex concept, deeply rooted in historical experience, which subjects the officials
who work out governmental powers to the command of a higher law.
Constitution is a complex ideas, attitudes and patterns of behavior elaborating the
principle that the authority of government derives from and is limited by a body of
fundamental law. Constitution is a set of fundamental principles or established
precedents according to which a state or other organization is governed. These rules
together make up, i.e. constitute, what the entity is. When these principles are
prescribed into a single document, it is the supreme law of the land. Constitutionalism
preserves respect for human value and self-respect to citizen.

Constitution refers to text of the document, while constitutionalism concerned with the
existence of checks and limitations on government power as well as their adherence in
practice. Constitutionalism is a set of political significances and aspirations that reveal the
desire to defend liberty through the establishment of internal and external checks on
government power. It supports constitutional provisions to attain their goals.
Constitutionalism does not depend on a written constitution; it is all about observance of
what is embodied in a document. Constitutionalism, too, is a political system. If it
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presupposes the existence of some sort of constitution at all, then it must be in the sense
where constitution is taken as a political institution. In either of its aspects, the concept of
constitutionalism must first be dealt with before one does that to the constitution.

Similarities

 Both constitution and constitutionalism are legal concepts.

 Also they are used to attain the principle of democracy in democratic country.
 Both are used to limit the power of government.
 Both aims at securing the citizen from arbitrary judgment by limiting power and by
evaluating manner of implementation.
 Both are stands for society to make their voice heard and practiced.

What mean by rule of law? Discuss its concept?

Rule of law does not have fixed and precise definition, its meaning can be different between
nations, legal traditions and people from all kinds of lifestyle. The expression ‘rule of law’ has
been derived from the French phrase ‘la principle de legalite’, meaning a government based on
the principles of law. In simple words, the term ‘rule of law, indicates the state of affairs in a
country where, in main, the law rules. Law may be taken to mean mainly a rule or principle
which governs the external actions of human beings, and which is recognized and applied by
the state in the administration of justice. It provides protection to the people against the
arbitrary action of the administrative authorities. Rule of law is the principle that no one is
above the law.

Rule of law stand out as the most comprehensive and vital doctrine, principle and/or concept
(hereinafter referred to as principle) of modern constitutions. These values are characterized as
the eight desiderata. These identified eight elements of law, recognized as necessary for a
society aspiring to institute the Rule of law state as follows:-

 Laws must exist and those laws should be able to win obedience.
 Laws must be published.
 Laws must be prospective in nature so that the effect of the law may only take place after
the law has been passed. Laws should be written with reasonable clarity to avoid unfair
enforcement.
 Law must avoid contradictions. (intelligibility)

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  Law must not command the impossible. ( Non self-contradictoriness)
 Law must be general.
 Laws must stay constant through time to allow the formalization of rules; however; law
also must allow for timely revision when the underlying and political circumstances have
changed.
 Official action should be consistent with the declared rule. (Congruency)

In actually world it is difficult to implement those clear and understandable elements because
of government compelled to prioritize one goal over another to resolve conflicts in a way that
reflects society’s political choice. Rule of law also defined as a theory of governance relying
upon a series of law, which may be most concretely designed to encourage order and to
prevent arbitrary and unreasonable exercise of government power. It is important to assure
social rights and government accountability.

Generally rule of law is a principle of governance in which all persons, institutions and entities,
public and private, including the state itself are accountable to laws that are publicly
promulgated, equally enforced and independently adjudicated, and which are consistent with
international human rights norms and standards.

Discuss the following classification of constitution.

A. Written and unwritten constitution.

It is generally agreed that the written /unwritten dichotomy is false distinction as there is no
constitution, which is entirely unwritten and nor is there a constitution which is entirely written.

Written constitution.

A country is said to have written constitution if its basic legal rules are embodied in a single or few
documents. The vast majority of constitution is such a constitution.

A written constitution is, therefore, one that is concentrated into a form of a document having special
sanctity. Written constitution assigns a rather complete document/instrument in which the framers of
the constitution have attempted to arrange for every foreseeable contingency in its operation.

Strengths of written constitution constitutional provisions are well-established safeguarding them from
governmental infringement, such constitution give better protection to fundamental rights, clearly set
societal goals, and have educational importance; constitutional rules can be easily known offering more
predictability and certainty.

Unwritten constitution.

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Unwritten constitution on the other hand is one which has grown up on the basis of custom
rather than of written law, a country is said to have unwritten constitution. If it is the basic rule
of government that is not incorporated in a single or collection of [Link] Britain,Israel
and Eritrea.

They offer advantage of clarity, stability and enforceability over unwritten constitution on
the other hand weakness of written constitution is that written constitution is tend to be more
rigid, hence difficult to accept social changes, constitution, principles enshrined in custom and
conventions may have wide acceptance among the people since they derived from the tradition
not invented.

B. Flexible and rigid constitution

A written constitution is a standard of reference for classifying constitutions as rigid or
flexible as unwritten/uncodified or non-documentary constitution cannot be other than
flexible, and it is possible for codified/documentary constitution to be either flexible or
rigid. The constitution is amended depends not only on the legal provisions which set down
the method of change but also on the leading political and social groups in the community
and the extent to which they are satisfied with or go along with in the organization and
description of political power which the constitution prescribes.

Flexible constitution: - A constitution is flexible (sub ordinate) if it can be changed by

simple legislative majority(i.e. 50 percent plus one vote).e.g. UK and Newzland.i n English
constitution amendment is not different from other ordinary laws. In the case of Great
Britain for instance, the same procedure is followed to amend an ordinary law or the
constitution. This renders it a flexible, consequently, flexible constitutions have elasticity as
they can be bent and altered in form without any need to fulfill some conditions while
retaining their main features. Rigid constitutions, on the other hand, are those whose lines
are hard fixed.

If the amendment or modification formula of a constitution is not made to depend on some

conditions or special procedures, then it may be called flexible constitution.

 Thus constitution is subordinate if the legislature is able to change it with simple majority.
It is supreme, if its amendment requires at least, qualified legislature majority. The process
takes different form;
I. Qualified legislative majority (e.g. a 2/3,3/4)
II. Some constitutions require approval of the people which they express through
referendum(e.g. Switzerland)

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 III. The involvement of multiple government organs(eg eth it needs approval of
regional and federal legislature organs
IV. Involvement of legislatures and the people; Example USA it must proposed by 2/3 of
each house of congress and takes effect if was ratified by ¾ of states.

Rigid constitution. If some circumstances or a special procedure has to be meet prior to the
amendment of a constitution, then it is a rigid constitution. Rigidity of constitution is only
directed to its amendment; if it had special formula to be passed for its amendment; we can say
this constitution is rigid. It has narrow possibility to modify.

All written constitutions are rigid as they required special course of action for amendment. In a
similar indication, the US constitution is so rigid that it can’t be amended unless a special
procedure is fulfilled.

C. Presidential and parliamentary constitution

• This type of classification is based on the nature of government itself. The classification
takes into account two issues.

 The extent to which head of government depend on the legislature for his authority.
 The method used to elect the head of government.

Parliamentary constitution. If the executive is immediately answerable to the parliament, then it can
be called parliamentary executive.

• The parliamentary system has its roots in Britain and adopted by other countries. even
if there are some variations from country to country most of parliamentary system
share similar features. In the parliamentary (parliamentarian) system, the head of
government (prime minster) is elected from the party (or coalition of parties) that has
won the majority of legislative seats and is directly accountable to the legislature. In
addition the prime minster reports periodically to the parliament the activities of his
administration.

And he remains in office as long as he secures the support of majority in parliament.

Another feature is that members of the executive are simultaneously members of parliament
resulting in the fusion/not separation) of powers between the legislature and the executive.

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The executive is divided in two offices; one is head of state and the other head of government.
Only parliament is directly elected from the people. The head of government is elected or
selected by parliament.

The head of government appoints the ministry. The ministries (i.e. the executive) are the
collective body. Ministers are usually members of a parliament

The executive are politically responsible to the legislature. The head of government, a, may
advise the head of state to dissolve parliament, parliament has supreme authority in the
government, parliament has supreme authority in the government. The executive as the
indirectly responsible to the electorate.

 Advantage parliamentary constitution; Flexibility, the head of government can be

removed at any time. Effectiveness: Easy to pass legislation because. The executive branch
is dependent upon the direct or indirect support of the legislative branch
 Disadvantage parliamentary constitution; Instability, government could collapse by
legislative majority vote; the prime minister is elected by the legislature often under strong
party influence. Separation of power: Absence of clear distinction /separation of power
between the executive and the legislative is another criticism.

Presidential constitution.

It is immediately responsible at definitely arranged intervals to some wider body and is not amenable to
removal by the action of the legislature, then it is called presidential executive.

Under a presidential constitution, the president and the legislature are popularly elected in
separate elections, e.g. USA and most Latin American countries. While the prime minster in
the parliamentarian system is appointed from the majority party, the president in
presidential system constitution is popularly elected.

Such constitutions organize government according to the principles of separation of powers,

which means the three arms of governments are independent from each other. This system
does not allow overlapping of personnel and function between institutions.

The executive is not divided. The president is sole executive. The president is popularly elected.
The president appoints head of departments.

A member of the legislatures does not hold office in the administration. The executive is
responsible to the constitution. The president cannot dissolve the legislature. The executive
is directly responsible to the electorate.
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  Strengths of presidential ….direct mandate, it provides citizens directly elect their
head of government and lawmakers. Stability, fixed term office for the president
provide more predictability and stability in the policy making process. Separation of
power, the executive and the legislature represent two parallel structures, allowing
each to check another.
 Challenges of presidential; Authoritarianism ,due to winner takes all sole possession

on nation single most political office for defined period of time.

D. Republican and monarchial constitution

A constitution can be classified as republican or monarchical though such classification has a lesser
importance nowadays. The classification on the basis of this division is so less significant that it
means little more than that where the head of state is a president, then that state is a republic, and
where the head of state is a king, that state is a monarchy or a kingdom.
Indeed, the distribution between a republican and a monarchical constitution once had significant
implication and consequence as it stood for the difference between what may be called popular or
democratic government and absolutism, autocracy, or dictatorship.

Republican constitution. Where the head of state is a president, then that state is a republic.
Under a republican constitution the head of state is answerable to the electorate and to the
constitution, on the other hand a monarchal constitution provides a monarch who inherits a
throne and becomes head of state for life without accountability to the people.

All republican have one thing in common that is the head of state is not hereditary; apart from
this show great variation from one another, some comes to power through election and others
by force.

Monarchial constitution. Where the head of state is a king, that state is a monarchy or a
kingdom Monarchial constitution. A monarch, as the name implies, was the sole ruler
responsible to himself alone. But it is difficult today to find examples of such absolute
monarchies.

In the past monarchs had absolute power and their responsibility was thought to have lied only
to God. Monarchs are overthrown in many parts of the world including Ethiopia.

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In some countries where they exist, kings assume marginal role in government. The kind of
constitutional system (which combines a ceremonial monarch and a prime minster with real
executive power is referred to us constitutional monarchy. e.g. great Britain, Denmark, Sweden,
Thailand, Japan have constitutional monarchs. Today’s monarchies are very small in number,
most states have become republican.

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