ANALYSIS OF THE CONSTITUTION#
By William Moore Steen. January 1936.
The drafting of the Constitution, the original of which was in the official Ethiopian language, Amharic, was done under the direct supervision of Emperor Haile Selassie, by a select group of foreign advisers, assisted by several of the young Ethiopians whom the Emperor had sent abroad to be educated.
The Constitution is composed of seven chapters and fifty- five articles. Article 1 relates to a united Empire “like the members of one family, without divisions” • This article relates, more specifically, to the fact that hereafter there will be more rigid supervision by the central government at Addis Ababa over the previously loosely controlled states of the Empire.
The Ethiopians are assured, -by Article 2, that there will not be on-c lav- for the rich and one for the poor, for His Majesty proclaims that the law “shall be enforced upon all, without exception, whether it rewards or punishes”.
By far the most important part of the whole Constitution J is article 3, which reserves the right to the Imperial Throne to the present dynasty., Ever since the Age of Dissolution, it has been customary for the chieftain who could muster a force strong enough to subject all other aspiring chieftains, to ascend the throne as “king of kings”. The Emperor T s position has been strengthened considerably with the signing of the Constitution by such powerful princes as those who govern Tigre, Co j jam, and Amhara. The royal houses of these provinces, all of which ruled over the whole of Ethiopia at one time, have renounced any future right to the throne > Even the second most important member of the Royal line of Shoa, the powerful Ras Kassa, has signed the Constitution, thereby renouncing any future claim. “~*
Article 4 is concerned with the succession to the throne. Under the Law of the Imperial Household, to which the Constitution refers, succession to the throne in Ethiopia, on the death or deposition of the Emperor, which is limited to one of the royal line of Solomon, is inherited as to family, but not necessarily as to individual. Under this traditional law, the strongest or most astute member of the family rather than the one in most direct descent may, and often does, succeed to the Imperial crown. Thus we may have the anomaly of a Crown Prince witnessing the crowning of another member of the family instead of himself.
There can be no system of checks on the final decisions | of the Emperor, for Article 5 guarantees n His dignity inviolate and His power incontestable” .
Under Chapter II — The Emperor’s Powers and Attributes- Articles 7, 8, 9 and 10 are concerned with the establishment of a bi-cameral legislative body, a Senate and a Chamber of Deputies. In setting up the two deliberative Houses, the Emperor states, “It is necessary that the modern Ethiopian accustom himself to collaborate in the workings of the whole machinery of the State”. The Emperor is given the power to call special sessions of the Houses, as well as to announce their opening and closing. The Chamber of Deputies may be dissolved by him. It may be stated, However, that notwith- standing the provisions herein made, the two chambers opera. te more in a consultative than a legislative capacity. . a similarity to the American policy of permitting the President to make “recess” appointments when Congress is not in session, may ce seen in Article 9, which grants the Smperor the right of promulgating decrees having the full force of law when the Chambers are not in session. Any decrees so promulgated are to be submitted to the Chambers at their subsequent session, and arc to be regarded as abrogated and invalid if they are not approved. __
The whole burden of coordinating administrative and jJ personnel matters is placed squarely upon the shoulders of the Smperor for, under article 11, not only must he “determine the organization and regulations of all the administrative departments”, tut it falls to his lot to “designate and to discharge officers of the army as well as civil office-holders, and to define their respective powers and salaries.” This proves to be the continuation of a previous policy. ^
Unlike the head of the iunerican Government, the Smperor say declare war, conclude peace, and negotiate and sign treaties without the usual advice and consent of the legislative bodies.
The Emperor retains the right to confer titles, such as Eas, Dedjasmatch, Fitaurari, etc., and to make land-grants.
Article 15 merely constitutionally s the old system of allott- ing provinces and sub-provinces to the deserving chieftains.
Article 17 is reminiscent of the days of Menelik and Lij Yasu, for it provides for the appointment of a Regent to exercise the supreme power in the Emperor’s name, in ease he becomes incapacitated by reasons of illness or old age.
Chapter III of the Constitution, which comprises articles 18 to 29, concerns itself with “The Rights Acknowledged to the Nation by the Emperor, and the Duties incumbent upon the nation”. The most important part of this chapter appears to be Articles 22 to 27 inclusive, which tend to incorporate a modification of the American conception of “life, liberty, and the pursuit of happiness”. The Ethiopian peoples are granted the limited right of moving freely from one place to another, and may not be arrested, condemned or imprisoned “except by due process of law”. The subjects are guaranteed that they shall not be deprived, against their will, of having their cases tried by legally established courts, or be subject to unlawful visit and search of their domiciles, or have the secrecy of their mail violated, “except in the instances for which legal provision has been made”. The Constitution further assures the Ethiopian that no one shall have the right to seize him, or confiscate any movable property and real estate which he may possess “except in the cases of public interest fixed by law”.
Chapter IV, comprising Articles 30 to 47, concerns itself with tiic operations of “The Deliberative Chambers of tiic Empire”, which were established in Article 7.
Provision is made under Article 31 for the appointment of the members of the Senate by the Emperor. These members arc to be chosen from among those who have served the Empire for a long time “in the ranks of Princes or Ministers, Judges or Chiefs of the army”. While in theory the Lower House is to be elected by the people, the next article provides that they shall be chosen from omfrg the lesser officials and minor chiefs “until that time vilien the people are in a position to .xuot them themselves”. The Constitution does not state who is to do the choosing of the members of the Chamber of Deputies.
Tm American Congress has the right to pass legislation over the veto of tiic president. But the Ethiopian legisla- ture has no such power for Article 34 provides that “Ho law may be put into force without having been deliberated in the Chambers, and without having received the approval “of the Empcrer”.
The Ministers of the various departments are permitted to submit propositions to the Chamber of Deputies which “it is legally bound to accept and to deliberate . …»
article 37 which provides for the annual meeting of the Chambers, is an anomaly, for it is incomplete. Officially, therefore, no definite time has been provided in the Consti- tution for the Chambers to sit. Subsequently, however, it was decreed that the Chambers should sit annually from November to May. The length of the sessions are identical for both Chambers.
In Britain the House of Commons may be dissolved at any- time by the crown en the advice of the whole cabinet. In France the president may dissolve the Chamber of Deptuties if the Upper House concurs. The American House of Representatives cannot be dissolved under any circumstances. But the Ethiopian Chamber of Deputies may be dissolved by the Emperor on his own authority without the advice or consent of any- body. When the Chamber is dissolved, Article 29 provides that the Senate “will adjourn its session, until a later time”.
An important part of any constitution is that which- designates the number of members for each of the Chambers. Article 41 provides that no proceedings may take place in either Chamber unless two-thirds of its members are present, but nowhere in the whole Constitution is provision made for the number of members which each Chamber is to have I It was subsequently decreed, subject to modification, that the Senate should consist of 27 members, and the Chamber of Deputies forty-two or mere.
Under Article 47 the Ministers are prohibited from visit- ing the Chambers and from participating in their deliberations, without first obtaining the consent of the Emperor.
Chapter V is devoted to the individual and collective duties of the Ministers of the Empire. Each Minister is responsible for the written opinions on the natters pertain- ing to Ms department, which he submits to the Emperor. The collective duty of the Ministers is provided for in Article 49 which stipulates that on the request of the Emperor for their opinion on natters of importance to the Government, “they will deliberate together according to regulations before submitting it to Him”.
The Judiciary is given consideration in Chapter VI. The judges shall, as in former times, hold court in public, except in those cases which might “affect public tranquility”, or which night “violate good morals”.
Cases involving foreigners arc not mentioned in the Constitution, but such cases will probably be taken care of under article 54, which provides Special Courts for the hearing of all cases “relating to administrative matters which are outside the competence of other courts”. The Emperor remains, of course, the final appeal in the Court of Law.
Without a sound financial policy at the center, it would be impossible to raise the country out of its feudalistic state. To this end the Emperor has sought the help of c.n American as financial adviser. The State Bank, formerly a British institution, has been taken over by the Ethiopian Government. A currency system has been introduced, and the . Bank of Ethiopia has recently begun to issue paper currency based on the silver content of the Maria Theresa thaler, the standard money of Ethiopia for many years. The fractional coins of Menelik’s tine have been replaced by a decimal coinage in nickel and bronze. Through the aid cf the adviser, taxing is being systematized.
The influence of the American financial adviser manifests itself in the final Article of the Constitution which provides for the drawing up cf an annual budget to which the expendi- tures of the Government Treasury are to conform.
The Ethiopian Constitution is notable for its omissions, the most conspicuous of which is the lack of a provision for amendments .
There has been much comment in America recently concern- ing our “horse and buggy” Constitution. It has been stated, too, that the framers of our Constitution could not see far enough ahead.
It cannot be said that Emperor Hailc Selassie “could no* see far enough ahead.” He could see the pitfalls inherent in a constitutional monarchy, especially for a people who were not <iuite ready to assume tiic burden of Government. In pro- claiming the Constitution, he decreed that “in the future it shall servo as the basis and authority for the promulgation of such additional laws as shall be deemed necessary f&r up- holding its principles, attaining its objectives, and pre- serving the Etniopian State.”
The Emperor could see that elasticity in a modern consti- tution is one of the characteristics which distinguish “cultured and independent nations.” With respect to the elasticity of the Ethiopian Constitution, attention is directed to a very significant sentence in the Decree pro claiming the Constitution:
“It is Our hope that such elaboration shall be carried out in the future as ci rcumstances require , and in the aforementioned ob jeetives.”
William Moore Steen. January 1936. Ethiopian Research Councile. Washington DC.