1955 Constitution of Ethiopia
Encyclopedia
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. Such opinion was particularly important at a time when some neighboring African states were rapidly advancing under European colonial tutelage and Ethiopia was pressing its claims internationally for the incorporation of Eritrea
, where an elected parliament and more modern administration had existed since 1952.
This constitution was suspended by the Derg
in their Proclamation No. 1, which was broadcast 15 September 1974, three days after Emperor Haile Selassie was deposed.
and Aklilu Habte-Wold
. After each session the two Ethiopian officials would then report to the Crown Council
; according to Spencer, "In many instances, the Crown Council, dominated by the extreme conservative, Ras Kassa
, would veto our proposals and we would then seek some compromise formula. Progress was extremely slow."
While clearly "not a mirror image" of the U.S. Constitution, Edmond Keller notes it contained a number of ideas from that document, such as a separation of powers between three branches of government, and careful attention given to detailing the "Rights and Duties of the People", to which 28 articles were devoted. Despite this element, in his memoirs John Spencer lamented that the Crown Council forced the constitution's authors to stress the prerogatives of the crown
, giving the emperor the right to rule by emergency decree, to appoint and dismiss ministers without input from the Ethiopian parliament, and to appoint members of the Senate, judges, and even the mayors of municipalities. Spencer also regretted that many of the rights were enjoyed "subject to the law"! Bahru Zewde stresses the nature of these executive powers in his discussion of this document, noting that it was "a legal charter for the consolidation of absolutism." Bahru quotes the relevant section from Article 4 of the Constitution: "By virtue of His Imperial Blood, as well as by the anointing which he has received, the person of the Emperor is sacred, His dignity is inviolable and His power indisputable."
Despite this strengthening of the Emperor's position, the purview of the bicameral Ethiopian parliament was expanded over the 1931 constitution. Although the Senate remained appointive, the Chamber of Deputies was elected. In contrast to the legislature under the 1931 Constitution which could only discuss matters referred to it, it now had the authority to propose laws and veto laws proposed by the executive. It could also summon ministers for questioning, and in extraordinary circumstances it could initiate impeachment proceedings against them. Keller believes its most significant new power was its budgetary function: parliament now had the responsibility of approving or rejecting all proposed budgets, including taxes and allocations.
However in John Turner's opinion, the absence of a census, the near total illiteracy of the population, and the domination of the countryside by the nobility meant that the majority of candidates who sought election in 1957
were in effect chosen by the elite. The Chamber of Deputies was not altogether a rubber stamp, at times discussing bills and questioning state ministers.
1931 Constitution of Ethiopia
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...
, by a concern with international opinion. Such opinion was particularly important at a time when some neighboring African states were rapidly advancing under European colonial tutelage and Ethiopia was pressing its claims internationally for the incorporation of Eritrea
Eritrea
Eritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
, where an elected parliament and more modern administration had existed since 1952.
This constitution was suspended by the Derg
Derg
The Derg or Dergue was a Communist military junta that came to power in Ethiopia following the ousting of Haile Selassie I. Derg, which means "committee" or "council" in Ge'ez, is the short name of the Coordinating Committee of the Armed Forces, Police, and Territorial Army, a committee of...
in their Proclamation No. 1, which was broadcast 15 September 1974, three days after Emperor Haile Selassie was deposed.
Overview
The new constitution consisted of eight chapters and 131 articles. This document was drawn up by three American advisors -- A.H. Garretson, John Spencer, and Edgar Turlington -- who worked with two leading figures of the restored monarchy, Wolde Giyorgis Wolde YohannesWolde Giyorgis Wolde Yohannes
Wolde Giyorgis Wolde Yohannes was an important government Minister during the reign of Haile Selassie of Ethiopia...
and Aklilu Habte-Wold
Aklilu Habte-Wold
Tsehafi Taezaz Aklilu Habte-Wold was an Ethiopian politician under Emperor Haile Selassie. He was foreign minister of Ethiopia from 1947 to 1958 and Prime Minister from 1961 until shortly before his death....
. After each session the two Ethiopian officials would then report to the Crown Council
Crown Council of Ethiopia
The Crown Council of Ethiopia was the constitutional body which advised the reigning emperors of Ethiopia and acted on behalf of the Crown. The council’s members were appointed by the emperor....
; according to Spencer, "In many instances, the Crown Council, dominated by the extreme conservative, Ras Kassa
Kassa Haile Darge
Ras Kassa Haile Darge GCVO, GBE , was a Shewan nobleman, the son of Haile Wolde Kiros of Lasta and Tisseme Darge, and grandson of Ras Darge Sahle Selassie the brother of Menelik II's father....
, would veto our proposals and we would then seek some compromise formula. Progress was extremely slow."
While clearly "not a mirror image" of the U.S. Constitution, Edmond Keller notes it contained a number of ideas from that document, such as a separation of powers between three branches of government, and careful attention given to detailing the "Rights and Duties of the People", to which 28 articles were devoted. Despite this element, in his memoirs John Spencer lamented that the Crown Council forced the constitution's authors to stress the prerogatives of the crown
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...
, giving the emperor the right to rule by emergency decree, to appoint and dismiss ministers without input from the Ethiopian parliament, and to appoint members of the Senate, judges, and even the mayors of municipalities. Spencer also regretted that many of the rights were enjoyed "subject to the law"! Bahru Zewde stresses the nature of these executive powers in his discussion of this document, noting that it was "a legal charter for the consolidation of absolutism." Bahru quotes the relevant section from Article 4 of the Constitution: "By virtue of His Imperial Blood, as well as by the anointing which he has received, the person of the Emperor is sacred, His dignity is inviolable and His power indisputable."
Despite this strengthening of the Emperor's position, the purview of the bicameral Ethiopian parliament was expanded over the 1931 constitution. Although the Senate remained appointive, the Chamber of Deputies was elected. In contrast to the legislature under the 1931 Constitution which could only discuss matters referred to it, it now had the authority to propose laws and veto laws proposed by the executive. It could also summon ministers for questioning, and in extraordinary circumstances it could initiate impeachment proceedings against them. Keller believes its most significant new power was its budgetary function: parliament now had the responsibility of approving or rejecting all proposed budgets, including taxes and allocations.
However in John Turner's opinion, the absence of a census, the near total illiteracy of the population, and the domination of the countryside by the nobility meant that the majority of candidates who sought election in 1957
Ethiopian general election, 1957
General elections were held in Ethiopia in 1957, to elect 210 members of the Chamber of Deputies, the lower house of the Ethiopian parliament...
were in effect chosen by the elite. The Chamber of Deputies was not altogether a rubber stamp, at times discussing bills and questioning state ministers.