1931 Constitution of Ethiopia
Encyclopedia
The 1931 Constitution of Ethiopia was the first document intended as a modern constitution for that country. It was promulgated in "an impressive ceremony" held 16 July 1931 in the presence of Emperor
Haile Selassie, who had long desired to proclaim one for his country.
In the preface to his translation of this constitution into English, William Stern writes, "It is worthy of note that this was the first instance in history where an absolute ruler had sought voluntarily to share sovereign power with the subjects of his realm."
.
This constitution was based on the Meiji Constitution
of Japan
, a country that educated Ethiopians considered a model for its successful adoption of Western learning and technology to the framework of a non-Western culture. Unlike its Japanese model, the Ethiopian Constitution was a simple document of 55 articles arranged in seven chapters. It asserted the Emperor's own status, reserved imperial succession to the line of Haile Selassie, and declared that "the person of the Emperor is sacred, his dignity inviolable, and his power indisputable." All power over central and local government, the legislature, the judiciary, and the military was vested in the emperor. The constitution was essentially an effort to provide a legal basis for replacing the traditional provincial rulers with appointees loyal to the emperor.
According to Haile Selassie, the importance of this legal innovation was not understood "on the side of the officials and the people". To educate them on constitutional theory, he called the leading members of both groups to an assembly where its principal author, Tekle Hawariat, delivered a lengthy speech which not only described the contents of the document, but expounded a theory of constitutional law.
Following the restoration of Haile Selassie
in 1941, Emperor Haile Selassie re-established the 1931 constitution, convening the parliament 2 November 1942. This body included a chamber of deputies which was double its pre-war size, who were selected by a combination of an election, held 9 March 1941, to elect a group of 20 for each of the 12 provinces
, who would then meet at the provincial capitals to select five of their numbers to be deputies.
Despite the resurrection of the parliament, Haile Selassie promulgated a number of laws in the form of proclamations and decrees. It was not until his proclamation 34/1943 that the authority of the parliament was included. Laws were issued under the authority of the Emperor and the parliament until the end of February 1944, when the sole authority of the Emperor again was used, which continued until the beginning of November of that year, when the parliament was again in session.
The Constitution of 1931 was superseded at the time of Emperor Haile Selassie's Silver Jubilee
in 1955, when a new constitution
was promulgated.
Emperor of Ethiopia
The Emperor of Ethiopia was the hereditary ruler of Ethiopia until the abolition of the monarchy in 1974. The Emperor was the head of state and head of government, with ultimate executive, judicial and legislative power in that country...
Haile Selassie, who had long desired to proclaim one for his country.
In the preface to his translation of this constitution into English, William Stern writes, "It is worthy of note that this was the first instance in history where an absolute ruler had sought voluntarily to share sovereign power with the subjects of his realm."
Origins and creation
According to his own autobiography, while still Regent Haile Selassie had wanted Empress Zawditu to proclaim such a document, but "some of the great nobles, to whose advantage it was to rule the country without a constitution, had pretended that it would diminish the dignity and authority of Queen Zawditu if a constitution were set up." Once he became Emperor, Haile Selassie then appointed a commission to draft the document, whose leading members included the Europeans Gaston Jèze and Johannes Kolmodin, but most prominently Ethiopian intellectual Tekle Hawariat Tekle MariyamTekle Hawariat Tekle Mariyam
Tekle Hawariat Tekle Mariyam was an Ethiopian politician and intellectual of russophile. He was the primary author of Ethiopia's July 16, 1931 constitution, which was influenced by the Japanese Meiji Constitution.- Life :Bahru Zewde includes Tekle Hawariat in the first generation of Ethiopians...
.
This constitution was based on the Meiji Constitution
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
of Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, a country that educated Ethiopians considered a model for its successful adoption of Western learning and technology to the framework of a non-Western culture. Unlike its Japanese model, the Ethiopian Constitution was a simple document of 55 articles arranged in seven chapters. It asserted the Emperor's own status, reserved imperial succession to the line of Haile Selassie, and declared that "the person of the Emperor is sacred, his dignity inviolable, and his power indisputable." All power over central and local government, the legislature, the judiciary, and the military was vested in the emperor. The constitution was essentially an effort to provide a legal basis for replacing the traditional provincial rulers with appointees loyal to the emperor.
According to Haile Selassie, the importance of this legal innovation was not understood "on the side of the officials and the people". To educate them on constitutional theory, he called the leading members of both groups to an assembly where its principal author, Tekle Hawariat, delivered a lengthy speech which not only described the contents of the document, but expounded a theory of constitutional law.
Characteristics
The 1931 Constitution consists of the Decree proclaiming the constitution and seven chapters divided into 55 articles. The contents of the chapters are:- The Ethiopian Empire and the Succession to the Throne. Five articles stating that Ethiopia is the domain of the Emperor, who shall be a descendant "of his Majesty Haile Selassie I, descendant of King Sahle SelassieSahle SelassieSahle Selassie was a Meridazmach of Shewa , an important noble of Ethiopia. He was a younger son of Wossen Seged...
, whose line descends without interruption from the dynasty of Menelik IMenelik IMenelik I , first Jewish Emperor of Ethiopia, is traditionally believed to be the son of King Solomon of ancient Israel and Makeda, ancient Ethiopia Queen of Sheba. He ruled around 950 BC, according to traditional sources...
, son of King SolomonSolomonSolomon , according to the Book of Kings and the Book of Chronicles, a King of Israel and according to the Talmud one of the 48 prophets, is identified as the son of David, also called Jedidiah in 2 Samuel 12:25, and is described as the third king of the United Monarchy, and the final king before...
of Jerusalem and of the Queen of Ethiopia, known as the Queen of Sheba. - The Power and Prerogatives of the Emperor Twelve articles setting forth the powers of the Emperor.
- The Rights Recognized by the Emperor as belonging to the Nation, and the Duties Incumbent on the Nation Twelve articles stating that "The Law" will define the conditions to become a subject of Ethiopia, and the duties of these subjects. This chapter also sets forth some rights subjects enjoy "except in the cases provided by law" (Articles 25, 26, 27) and while they "in no way limit the measures which the Emperor, by virtue of his supreme power, may take in the event of war or of public misfortunes menacing the interests of the nation" (Article 29).
- The Deliberate Chambers of the Empire Eighteen articles which established a bicameral parliament for Ethiopia. Until this document, there had never been a formal legislative body in Ethiopia. The lower chamber would temporarily be chosen by the Nobility (Mekuanent) and the local chiefs (Shumoch) "until the people are in a position to elect them themselves" (Article 32), while the upper chamber would be appointed by the Emperor.
- The Ministers of the Empire Two articles on the duties of government ministers, a system of executive officers which Menelik II had established in 1908.
- Jurisdiction Five articles setting forth the judicial system. Article 54 establishes Special Courts, required by the Klobukowski agreement of 1906, which gave foreigners extraterritorialityExtraterritorialityExtraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations...
in Ethiopia, exempting them from both Ethiopian law and her justice systemLaw enforcement in EthiopiaLaw enforcement in Ethiopia has been since a reorganization in October 2000, the responsibility of the national police which is overseen by the Federal Police Commission. This commission reports to the Ministry of Federal Affairs, which in turn is responsible to the parliament; however, this...
. - The Budget of the Imperial Government One article requiring the Government Treasury to set an annual budget, which directs how the government will spend its money.
Application
A few months later, on 3 November the anniversary of the Emperor's own coronation, Haile Selassie convened the first parliament of the new constitution. Harold Marcus notes that Emperor Haile Selassie "hoped that the institution would stimulate nationalism and unity and that its members would popularize sociopolitical change in the provinces."Following the restoration of Haile Selassie
East African Campaign (World War II)
The East African Campaign was a series of battles fought in East Africa during World War II by the British Empire, the British Commonwealth of Nations and several allies against the forces of Italy from June 1940 to November 1941....
in 1941, Emperor Haile Selassie re-established the 1931 constitution, convening the parliament 2 November 1942. This body included a chamber of deputies which was double its pre-war size, who were selected by a combination of an election, held 9 March 1941, to elect a group of 20 for each of the 12 provinces
Provinces of Ethiopia
Until 1995 Ethiopia was divided into provinces, further subdivided into awrajjas or districts. They were replaced by regions and two chartered cities with the adoption of a new constitution that year...
, who would then meet at the provincial capitals to select five of their numbers to be deputies.
Despite the resurrection of the parliament, Haile Selassie promulgated a number of laws in the form of proclamations and decrees. It was not until his proclamation 34/1943 that the authority of the parliament was included. Laws were issued under the authority of the Emperor and the parliament until the end of February 1944, when the sole authority of the Emperor again was used, which continued until the beginning of November of that year, when the parliament was again in session.
The Constitution of 1931 was superseded at the time of Emperor Haile Selassie's Silver Jubilee
Silver Jubilee
A Silver Jubilee is a celebration held to mark a 25th anniversary. The anniversary celebrations can be of a wedding anniversary, ruling anniversary or anything that has completed a 25 year mark...
in 1955, when a new constitution
1955 Constitution of Ethiopia
Emperor Haile Selassie proclaimed a revised constitution in November 1955 of the Empire of Ethiopia. This constitution was prompted, like its 1931 predecessor, by a concern with international opinion...
was promulgated.