Ethnicity and the New Constitutional Orders of Ethiopia and Eritrea

Paul, James C. N.

doi:10.1017/cbo9780511560088.008

Cited by 12 publications

(2 citation statements)

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“…This has not been undertaken in the research leading to the writing of this article. But one can conjecture as to the political-party composition of the COR and the Constituent Assembly; at least one can state without exaggeration that the EPRDF was a dominant partner in both institutions, and so in the entire process (see Ashenafi 2003 andPaul 2000). This is partly the cause of the discontent seen among some political corners.…”

Section: The Making and Legitimacy Of The Ethiopian Constitutionmentioning

confidence: 99%

The making and legitimacy of the Ethiopian constitution: towards bridging the gap between constitutional design and constitutional practice

Regassa¹

2010

AFOC

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This article describes the making of the 1995 constitution of the Federal Democratic Republic of Ethiopia (FORE) and analyzes its implications for legitimacy. It contends that legitimacy of the constitution, which fosters fidelity to it, can –as one among other factors– help bridge the gap between constitutional design and constitutional practice. By making a process-content-context analysis of the constitution, it argues that the Ethiopian constitution which had a weak original legitimacy, can earn a derivative legitimacy through aggressive implementation. Aggressive implementation, it is maintained, demands fidelity to the constitution. Fidelity and other components of a redemptive constitutional practice (such as creative constitutional interpretation, constitutionally informed legislation, positive constitutional amendment, and constitutionally responsible voting) help deal with the perennial question of how to bridge the gap between constitutional design and constitutional practice in Ethiopia and beyond.

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Section: The Making and Legitimacy Of The Ethiopian Constitutionmentioning

confidence: 99%

The making and legitimacy of the Ethiopian constitution: towards bridging the gap between constitutional design and constitutional practice

Regassa¹

2010

AFOC

View full text Add to dashboard Cite

show abstract

mentioning

confidence: 99%

The making and legitimacy of the Ethiopian constitution: towards bridging the gap between constitutional design and constitutional practice

Regassa

2010

View full text Add to dashboard Cite

This article describes the making of the 1995 constitution of the Federal Democratic Republic of Ethiopia (FDRE) and analyzes its implications for legitimacy. It contends that legitimacy of the constitution, which fosters delity to it, can –as one among other factors– help bridge the gap between constitutional design and constitutional practice. By making a process-content-context analysis of the constitution, it argues that the Ethiopian constitution which had a weak original legitimacy, can earn a derivative legitimacy through aggressive implementation. Aggressive imple- mentation, it is maintained, demands fidelity to the constitution. Fidelity and other components of a redemptive constitutional practice (such as creative constitutional interpretation, constitutionally informed legislation, positive constitutional amendment, and constitutionally responsible voting) help deal with the perennial question of how to bridge the gap between constitutional design and constitutional practice in Ethiopia and beyond. Key words: Ethiopia, making of constitutions, constitutional legitimacy, fidelity to constitutions, constitutional redemption

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