Chapter one

Introduction
In this regard Civics is considered as a subject field which is mainly concerned with
teaching citizens as to how they can live harmonious and peaceful life with other citizens
and as to how they can resolve conflicts peacefully among themselves.
The other basic nature of human beings is the political view of philosophy by Plato that man
is a political animal, which means no human being can escape from the deeds of politics
and his/her day to day life is either directly or indirectly affected by it. For this
reason, human beings have to know the workings of politics, institutions that affect their
day to day life, norms, principles and laws which are set in motion by politicians to govern
their societies and above all the duties and rights that they have in the political community
in which they are leading their life. So, civics tries to make them familiar with such and
other concepts that make them active and responsible citizens.

Civics - is derived from the Latin words civics which means a citizen
- and civitas which means city state.

Civics - as a branch of the social sciences

- deals with the rights and responsibilities of citizens.
Civics as a discipline is concerned with the understanding and the relationship between man
and his society.
Citizens - are legal members of a politically organized community- called state.
F.J. Gould defined Civics as the study of institutions, habits and spirits by means of which
a man or women (citizens may fulfill the duties and receive the benefits of membership in a
political community.
Civics is also concerned with the intensive study and understanding of political institutions
such as law making institutions or legislatives, executive and judiciary organs as well as
political institutions of various types or kinds existing in a country. The purpose of
government, the nature of law, and the way private behavior affects the public order and
the political system are also the concerns of civics.
Civics is an old subject and previously it was taught along with history and political science.
It was introduced as a separate subject only in the 19 th century in Great Britain.
The Notion of Ethics
Websters New World Dictionary defines Ethics as the study of standards of conduct
and moral judgment: the system of morals of a particular person, religion, group, etc.
The origin of ethics is traced back to ancient Greece during the 5th century B.C. in times of
Socrates. Socrates who was one of the great philosophers of ancient Greece, in his dialogue
to his student, Plato initiated the question of ethics.
During the medieval period of western Europeans, ethics was highly associated with

Christianity and blind obedience to the Christian church

Similarly in other parts of the world ethics was kinked with the religious beliefs of
Buddhism, Confucianism, Hinduism and Islam. It is also a fact that even presently ethics is
usually considered as part of religion, sanctioned by religious authority in some traditional
societies.
Through course of time many scholars like Thomas Hobbes and John Locke based their
ethical theory not on religious belief but on empirical observation. According to Thomas
Hobbes when he enunciated about Ethics, he underscored that nothing is good in itself;
rather a thing only becomes good or evil when it is desired or rejected, by some one. John
Locke, on the other hand, associated good with pleasure and evil with pain. The explanations
of modern scholars and thinkers were attempts to establish ethical code on the basis of
rationalism and intellect that is based on human reasoning rather than on religion and faith.
Civic and Ethical Education

Civics and Ethical Education is an education for the citizens of a country.

Intention - to create active, competent and responsible citizens in the country.
During the medieval period in Europe it was given along with religious education. As the
church started to loose its former absolute dominance over the state during the
Renaissance period, the impact of religion in public education also declined in many
countries. The impacts of the English Revolution of the 17 th century, the American War of
Independence and the French Revolution of the 18 th century were very strong and long
lasting for the growth of the subject matter of Civics and Ethical Education at the
international level.

When we come to Ethiopia, Civic Education was introduced into the school curriculum
during the reign of Emperor Haile Sellassie I. During that time, the subject gave more

emphasis to the glory and sacredness of the Emperor, his unquestioned power, his
hereditary rights and the like. In general, we may infer that there was no separation
between the subject Civics and Ethical Education and religion.
The Derg regime had also introduced its own Political Education into the school curriculum.
The Marxist Leninist ideology was highly preached in that political education for the sole
reason that Ethiopia was by then a socialist oriented country.

In order to produce a competent, active, informed and responsible citizens the current
government in Ethiopia has introduced civic and ethical education into the Ethiopian school
curriculum including in tertiary level schools.

In a country where there is prevalence of democracy, schools are free to teach students
and students have the right to criticize, or not to accept any ideology, which they did not
favor. Students as part of a community are expected to exercise plural and contradictory
issues. To ignore controversial issues is to give students an incomplete education that is to
let them not to think carefully and critically about their concern. Civic Education presently
aims at developing the capacity to make judgments from convictions and to act boldly on
values. Civic and Ethical Education helps students to develop responsible way of thinking
believing and acting. It is based on thinking, choosing and making decisions to act. In a
nutshell it helps students to connect what they learn with how they live since learning is for
living.
Apart from empowering citizens with the knowledge of identifying the borderline between
rights and duties, civic and ethical education also acquaints citizens with the sense of
responsibility, being ethical and reasonable, developing the sense of civility (politeness) and
promoting the social welfare and make citizens as much as they can contribute to their
society.
It also helps them to identify the existing objective social, political and economic reality of
the society in which they are living.
Core matter - to create well aware (informed), conscious, responsible, active participant and
diligent citizens equipped with the necessary skill and knowledge to contribute in their
societal endeavors for social, political and economic development.
Civic and Ethical Education also deals with self government that is participation and
managing ones own affairs.
Goals of Civics and Ethical Education
The goals of Civic Education can be realized by the active participation of citizens in a
society. The extent and intensity of citizens active participation reflects the realization of
the goals. Civic Education has the following basic goals.
I. Ideal citizenship The most crucial aim - to create an ideal citizen
An ideal citizen a.

Believes in equality of opportunity for all people

b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
II.

Values, respects and defends basic human rights and privileges guaranteed by the
countrys constitution
Respects and upholds the law and its various agencies
Understands and accepts the principles of democracy
Puts the general welfare above his own welfare
Exercises his right of vote freely
Accepts his civic responsibilities and discharges them to the best of his capability.
Assumes a personal responsibility for the wise use of natural resources
Understands cultures and ways of life other than his own
Supports all efforts to prevent war, but is always ready to defend his country
against tyranny and aggression.
Cultivates qualities of character and personality that have a high value in his culture
Realizes the necessary connection of education with democracy and so forth.

National Character and Patriotism For a country to progress effectively its citizens

must be soaked in the spirit of patriotism. Citizens should be always willing and ready to
sacrifice everything for their country. They should also be proud of their country. They
should also be proud of their identity, cultural heritage and uphold the values of the society.
These things can be implanted into the minds of students at their impressionable age, in a
psychological and scientific manner. The teacher should try to develop national character in
them and base it on the virtues of co- operation, love sympathy etc.

III. Development of Democratic Outlook and Strengthening Democracy

Democratic outlooks should be inculcated into the minds of the young generation. This can be realized
by teaching students democratic values, principles and cultivate them in such a way that they could be
able to shoulder the responsibility of their country

IV. Providing citizens with the knowledge and intellectual skills

which are very important to monitor and influence government rules, decisions and
actions that greatly affect individual rights and without which the good of the society
do not materialize

V. Strengthening National and International Integration

In vast and multinational countries like Ethiopia, there could be a number of tendencies that
may threaten the unity of the country. A proper teaching of Civic and Ethical Education can
help to create a sound base for the continued oneness and unity of the country. Nowadays, the
world is becoming a village as a result a man can be a real citizen of his country only when he
possesses international outlook. This outlook greatly helps to have the attitude of cooperation
and peaceful co existence.

VI. Promoting Scientific and Rational outlooks

The Interdisciplinary Nature of Civic and Ethical Education
Civics and Ethical Education is an interdisciplinary subject. Therefore, it borrows its
contents and methods from different fields of studies. Accordingly civic and Ethical
Education is based up on the principles, findings and theories of various disciplines some of
these disciplines are
Philosophy including Epistemology (theory of knowledge) and Ethics

political science
sociology
Economics
Law
History
Geography.

Sources of Civic and Ethical Education

It is possible to categorize sources to learn civic and ethical education into:
- Theoretical
- documentary sources.

A theory is a statement of leading ideas for explaining reality. Theory is a systematic

presentation of facts. These facts may serve as guide to make observation and discovery in
order to arrive at a general explanation and a viable prediction.
A. Documentary sources Civic and Ethical Education has diverse documentary
sources. Constitution, international human right charters; and the charters of
global and regional organizations, decisions and enactments of legal bodies,
historical sources, films, and photographs and so on are some of the
documentary sources of the subject under discussion.
The international instruments as one documentary sources of civic and Ethical Education
include among other things, the Universal Declaration of Human Rights (UDHR) of 1948; The
convention on the Right of the Child (1989); The Convention on the Elimination of All Forms
of Discrimination against Women (1979) are some examples of such sources.
Chapter Two: State and Government
The Modern State and Its Elements
The term state was not widely used until the 16 th century. Its first use in scientific
discussion is attributed to Niccolo Machiavelli (1469 1527). To the Greeks the term state
was not known. They used polis which is equivalent to city state. The emphasis in the
remarkably close and small communities of ancient Greece was up on the enjoyment of
rights and community, not upon supremacy and obedience. Polis could be described as the
city community rather than modern state.
The Roman civitas also stood for the community of those who enjoyed full civic rights and
duties. Civic rights refer to political rights and freedoms you are entitled to enjoy as a
citizen of a country.
During the later middle ages, the concept of the state began to emerge, but it was not well
articulated. It came into use when the state was not of the people, and when sovereignty
belonged to the kings. At that time the state was equated with supreme authority; but
sometimes it denoted simply social institutions. In course of time, it acquired the neutral
sense of authority pure and simple, or constitution, whatever its principles and direction.
The Nature of the State
There is no agreement among political thinkers and writers regarding the definition of the
state. This difference is due to divergence in their views regarding the nature of the state.
Some regard the state as essentially a class structure, others think that it transcends
classes and represents the whole community. Whereas some conceive of it as a power
system, others regard it a welfare system. Some claim that state is merely a mutual
insurance society while others think it to be an ethical institution indispensable for the
moral well being of man. Some view it strictly from a legal point of view as a community
organized for law, while others identify it with either nation or society itself.
The differences of opinion regarding the nature of civil society go back to the very
beginning of political speculation. For example, the sophists of ancient Greece, with whom
political philosophizing started in Western Europe, regarded the civil society to be
conventional. Believed by them to be based on utility and convenience, it could be
disregarded by the influential. The later thinkers like Socrates (470 399 BC). Plato (428
347 BC) and Aristotle (384 322 BC) did not agree with this view. Aristotle for instance
regarded the polis to be natural as well as necessary. It arises out of the natural instincts
of man; it is an outcome as also in dispensable for his growth in various aspects. For
Aristotle a person living outside the polis is either a beast or god; he is not a normal human
being. The modern idealists like Rousseau (1712 1778), Immanuel Kant (1724 1804), Hegel
(1770 1831). T.H. Green (1836 1882), Bradley (1842 1924) and Bernard Bosanquet (1848
1924) more or less agree with the view of Aristotle. They regarded the state to be an
ethical institution which is indispensable for the full moral development of man. Athusius

(1557 1638) and Hugo Grotius (1583 1645) hold analogous views and considered the state
to be a general public association for the promotion of human welfare.
On the other hand there are individualist who hold that the state limits the natural
freedom of the individual and is, at best, a necessary evil. One of the prominent thinkers
holding such view was Herbert Spencer (1820 1903) according to him the state is a mere
joint stock Company for mutual assurance whose membership should be voluntary and
optional. On the extreme end are the philosophical anarchists like Proudhon (1809 1865)
and Kroptkin (1842 1921) who think the state to be an unmitigated evil. They are opposed
to the state as an embodiment of force. Therefore they claimed that the sooner the
coercive state comes to an end, the better it shall be for the suffering of humanity. It may
be mentioned here that Machavelli and Treitscrike have also, on other grounds, interpreted
the state as a power system. Likewise, Oppenheimer and Karl Marx (1818 1883) share the
view that the state is the organization of a group or class to dominate and exploit the rest.
To Marx, the state is simply the executive committee of the exploiting classes.
Definitions of the State
The state is defined by many scholars differently. Burgess, Bluntshli and Woodrow Wilson
have advanced definitions which are objective but not complete in all respects. According to
John W. Burgess the state is a particular portion of mankind viewed as an organized unit.
To Bluntschli state is simply politically organized people of a definite territory. Woodrow
Wilson defined the state as a people organized for law within a definite territory. The
three scholars appear to forget that all politically organized units of mankind, even if they
occupy well defined territories, need not be states. They are states only if such people also
enjoy independence. India for example, fulfilled all other qualifications before she gained
independence on 15 August 1947; but India was not a state before that date.
The definition of Garner does not suffer from this short coming. According to Garner the
state is a community of persons, more or less numerous, permanently occupying a definite
portion of territory, independence, or nearly so, of external control and possessing an
organized government to which the greater body inhabitants render habitual obedience.
Another suitable definition is that of R.M. Maclver. According to Maclver the state is an
association which, acting through law as promulgated by a government endowed to this end
with coercive power, maintains within a community territorial demarcated the universal
external conditions of social order.
Harold J. Laski also defined the state as a territorial society, divided into government and
subjects, whether individuals or association of individuals, whose relationships are
determined by the exercise of this supreme coercive power.
Theories of the Origin of the state
It is difficult to point out any exact period of history when the state might be said to have
come into existence.
Due to the absence of adequate historical evidence regarding the origin of the state,
different scholars and writers had forwarded their own ideas and speculations on the issue.
As a consequence, various theories have appeared so as to explain the origin of the state. In
this course we will see five theories.
I. The Theory of Divine origin
According to this theory, the state is the creation of God. The king is deputy or
representative of God, and must as such be obeyed and reserved by the people. There is no
one on earth above the ruler. His command is law, and all his actions are justified. To
disobey the ruler is to defy the divine will. It is not merely a crime: it is sinful.

James I of England - The Law of Free Monarchies. He claims that the king derives his
authority from God, and is not responsible to the people on earth. He is above law, and is
subject to God alone. He has authority over every person and enjoys the power of life and
death. Even if the king is wicked, the people have no right to rebel against him. To disobey
the king is to rebel against God himself. According to James I, kings are justly called Gods,
for they exercise a manner of resemblance of divine power on earth.
Features
a. The king derives his authority from God and that monarchy a divinely ordained
(Divine Ordinance)
b. Hereditary right is indefeasible (incapable of being voided) (Hereditary)
c. Kings are not answerable to their subjects. (Accountable to God alone.)
d. Resistance to the authority of the king is sinful
According to Gilchrist, there are three causes responsible for the decline of this theory;
First the emergence of social contract theory which laid emphasis on the popular will; the
separation of church and state which diminished the importance of religion in secular
matters and third the rise of democracy which made people conscious of their rights.
According to J.N.Figgis, the reason for the decline of the theory lies in the fact that today
there is a general belief in the supreme role of reason, and faith has its proper place only in
matters spiritual.
The theory justifies and favors only the monarchial form of government. It also undervalues
the role of man in the emergence of the state and is also opposed to the principle of
democracy. Lastly the theory is reactionary and politically dangerous.
II .The Force Theory
- the state is outcome of naked force applied by the strong over the weak ones, and their
consequent subjugation. The primitive society was marked by conflicts and wars between
different classes and tribes. The successful clan or tribe established its authority over the
defeated ones. According to this theory, the state has come into being through physical
coercion or compulsion. Wars beget the state. According to Leacock, government is the
outcome of human aggression, that the beginnings of the state are to be sought in the
capture and enslavement of man by man, in the conquest and subjugation of feebler
tribes, and generally speaking, in the self seeking domination acquired by superior
physical force. The progressive growth from tribe to kingdom and from kingdom to
empire is but a continuation of the same progress.
In its recent version, the theory has been expounded by Gumplowicz, Oppenheimer and
Edward Jenks. Small and Ward are its American exponents. Oppenheimer outlines six states
in the emergence of the state. The first state is marked by continuous fights and endless
combats. Killing and plunder prevail. The conquerors kill the vanquished males and take away
the women and children as booty. In the second state, the peasants make unsuccessful
attempts to throw off the Yoke of alien hunters and herdsmen. Finding it hopeless, they
cease resistance. The victors in turn give up killing the vanquished, and enslave them. Thus
begins the exploitation of man by man. In the third state, there is mutual realization of the
benefits of co operation between the conquerors and the conquered, and it eventually
leads to peaceful integration and assimilation. In the Fourth stage, they learn to get along
together and to fight against common external foes. This develops a feeling of oneness
among them. In the Fifth stage, the need to devise some machinery to settle internal
disputes and quarrels by arbitration is felt. It marks the beginning of the government. In
the sixth and final stage, military leaders become kings and their deputies become
councilors. The king decides cases, gives orders and punishes offenders. Law and order are
fully established and the habit of obedience is formed. The state has come in to being.

Once the state was established, it was still necessary to use force for its maintenance. The
continued existence of the state demands the employment of force for maintaining internal
order and external security.
During the recent times the theory of force found prominence in the writings of some
German thinkers like Bernhardt, Sorel, Nietzsche and Treitschke.
According to Bernhardt, might is the supreme right and the dispute as to what is right is
decided by the arbitrament of war. Treitschke says The States a public power of offence
and defense, the first task of which is the making of war and the administration of
justice. According to Treitschke, war consolidated a people, reveals to each individual his
relative unimportance, causes factional hostilities to disappear and intensifies patriotism
and national idealism.
Nietzsche and Sorel enunciated the doctrine of the revolutionary right of the strong and
rare great minds, who alone are fit to direct the destiny of the people Hitler and Mussolini
tried to put the views of these writers into practice.
The force theory is mistaken in regarding force to be the sole controlling factor in the
creation of the state. All the states of the world have not come into being through the use
of force. Any attempt to glorify force and to use it, unsanctioned by the general will, will
shake the foundation of the state. Even great empires, as history tells us, do not last for
ever. Again the theory is wrong in glorifying war.
III .Genetic Theory (Patriarchal and Matriarchal Theories)
The generic theory holds that the state is the product of natural expansion of the family.
In course of time, by a natural process of expansion, one family gave rise to several. Several
families or kinship groups united to form a village. Through time one village expanded into
several settlements, which in turn united to form the state. As Aristotle observes, The
first form of association naturally instituted for the satisfaction of the daily recurrent
needs is thus the familyThe next form of association is the village When we come to
the final and perfect association, formed from a number of villages, we have already
reached the Polis. There are two versions of this theory that is, the patriarchal theory and
the matriarchal theory.
The Patriarchal Theory
Sir Henry Maine is the chief exponent of the patriarchal theory. According to this theory,
the state is the natural expansion of the original family unit in which descent was traced
through males, and the eldest living male parent ruled absolutely.
In his famous book, the Ancient Law Henry Maine wrote that Over the members of his
household, the eldest male parent possessed despotic authority. He was not only absolute
owner of property, including even what his children had acquired but he could chastise and
even kill, could sell or transfer by adoption, could marry or divorce any of his children at
will. When the children married, there was a natural expansion of family. However, the
authority of the head of the first family was acknowledged by all his descendants. On his
death, authority passed to the eldest male descendant. The multiplication of families, living
under the control of one head, led to the emergence of tribe. In course of time, many
members of the tribute withdrew from the parent tribe and settled in new territories. This
resulted in the founding of many new tribes and sub tribes. The tribes united by ties of
blood acted together for common purposes, particularly in defending themselves against
external foes. This involved a recognition of some common authority who would weld them
together and protect them. The members belonging to the tribe rallied around such a
common authority and the state potentially came into existence.
The Matriarchal Theory
The exponents of the matriarchal theory of the state are Mclenan, Morgan and Jenks.
They argue that the earliest unit was not the patriarchal but matriarchal family. According

to them the existence of monogamy or polygamy alone could ensure descent from the male
ancestor. But, in primitive societies, polyandry i.e., one woman having several husbands, was
current. When the institution of polyandry prevails, the usual husband wife relations are
non existent. Instead of a family, there were in those days loosely connected groups or
hordes, within which promiscuous (not restricted to one sexual partner) sexual relations
prevailed. Under such a system, kinship was traced through the clan of the mother.
According to Jenks, the earliest group was the tribe which broke into clans and later into
households and families. With the advent of pastoral life and gradual prevalence of
monogamous or polygamous marriages, the patriarchal family came into existence.
In brief the main features of matriarchal system are:
i.
Transient marriage relations (group marriage)
ii.
Female kinship
iii.
Maternal authority
iv.
Succession of only females to family property.
The conclusion to which we are led with regard to both the patriarchal and matriarchal
theories is that none of them help us in understanding the true genesis of the state. Their
merit consists in emphasizing the role and significance of kinship in creating and cementing
social bonds without which the state could never have arisen.
IV The Natural Theory
A part from the speculative theories discussed above, there is also the view of Aristotle
which is sometimes referred to as the Natural Theory of the origin of the state. According
to Aristotle, human nature lies at the basis of the state. It is human needs which bring
the state into existence.
The first of these are physiological which give rise to some kind of family. But man also
needs food to eat, something to put on, and some kind of a shelter to live in. he finds that
he and his family members cannot meet all these economic requirements in a satisfactory
manner. As new wants are felt and there is an increase in material refinement, specialization
and division of labor became very necessary. They gave rise to bartu and exchange. Under
the pressure of these factors, there is more diversification.
By a natural process of expansion, the family broadens into the house. A collection of
households creates a village and the union of several villages gives rise to the state. The
state is thus a culmination of the natural process which starts with the instinctive
association of men and women. The lesser associations are, however, unable to satisfy all the
social and cultural needs of a man. They are not in a position to provide the conditions
necessary for good life. The state alone is in a position to ensure it.
Given this psychological explanation of the origin of the state, Aristotle points out how
society is indispensable to man. Man differs from other living beings in as much as he is
endowed with speech and reason. This enables man to exchange views and to participate in a
common life. In fact, it is the common ideas of law and justice which, according to Aristotle,
serve as a cement to bind the people together in a state. This then is the rational and
philosophical foundation of the state.
It is obvious that this natural theory of the origin of the state merely hints at the factors
and forces which played an important part in the making of the state. It does not discuss in
any detail how and to what extent these and other factors actually influenced the
emergence of the state.
V.
Social Contract Theory
According to the social contract theory, the state is the creation of deliberate human
efforts. It derives its authority from the consent of the people who, through the
instrumentality of a covenant or agreement, organized themselves into a body politic at
some remote period of history. As to the terms of this agreement, individual writers have

held different views. According to some thinkers, the contract was responsible for the
institution of civil society alone, while others look upon it as a governmental contract made
between the rulers and the ruled. Some hold that the parties to the contract were
individuals emerging from the state of nature. Others maintain that the parties to the
contract were the people in their corporate capacity on the one hand and the ruler on the
other.
The idea of basing the authority of the ruler up on an agreement or contract with their
subjects was first forwarded by the sophists who lived before Plato. The sophists regarded
the state to be an artificial creation built for the benefit of its members. Plato and
Aristotle dealt with this theory only to repudiate it. The Epicurean philosophers, who
followed Plato and Aristotle, subscribed to this theory. They held that justice exists only as
a result of contract.
The social contract theory had little vogue as a political instrument in the early Christian
era. However in the Bible there are some instances of covenants between the people and
the king. Roma Law also kept the contract theory alive. Under the Roman Law, the people
were regarded as the source of political authority. From Cicero onwards the idea tat the
people are the source of political authority constantly recurs. The Teutonic idea of
government also exerted some influence up on the development of this theory. In the
Teutonic theory, political authority was derived from and continued under, the people.
The feudal society, as it was based on contractual relationship between the lord and the
vassal, was quite friendly with the idea of contract. In the political discussions of the
middle ages also, the idea of contract found a significant place. Manegold was the first
ecclesiast to give a definite statement of the contract theory.
The contract theory, which began to grow in influence, since the eleventh century, received
widespread acceptance from the 16th century onwards. Hooker was the first English writer
to give definite statement of this theory. The central question which Hooker set out to
consider in his book, Laws of Ecclesiastical Policy is whether subjects must obey an
authority whether they themselves have not set up. His answer is that the original contract
obliges the people to obedience and that the contract can not be revoked, except by a
general agreement. Yet, Hooker did not regard the state as completely artificial and
contractual. As different from Hobbes, Locke and Rousseau, he held that the people
concluded the contract as a result of their instincts and not because of any compulsion due
to circumstances. After Rousseau, the theory of social contract began to decline, though
Kant and Fichte made use of the theory to some extent.
Thomas Hobbes (1588 1679)
Thomas Hobbes expounded the theory of social contract in his book Leviathan published in
1651. He had witnessed the English civil war of 1642. He felt that England could be saved
from disintegration by a strong monarchy. It is thus significant that Hobbes used the idea
of the contract for just the opposite purpose for which it had hither to stood, viz, in
defense of the authoritarian powers of the monarch. However, Hobbes couches his theory
in general terms so as to support any strong government. According to Hobbes view,
carving for a life of security, men agreed to come out of this sordid (Vulgar, degrading, or
corrupt) state of nature. Each individual agreed, along with his fellows, to set up the civil
society and give up his natural right and the power to exercise individual authority.
In this way all individuals surrendered their natural rights to a person or body of persons
who became the sovereign thereafter. The sovereign, not being a party to the agreement,
did not subject itself to any conditions. The sovereign derived complete authority as a
result of the contract which could not be revoked. Once powers are conferred by the people
up on the sovereign, these powers can not be withdrawn.

The people have no right to protest against, or to question, the authority of the sovereign,
since it is the author of their own actions. The authority of the sovereign is thus unlimited
and all embracing. However arbitrarily exercised, the people must render unquestioned
obedience.

John Locke (1632 1704)

John Locke is a great figure in the history of English political thought. John Locke espoused
the cause of constitutional monarchy in England and upheld the right of people to dispose a
monarch if he behaved in a despotic manner. His book, Two Treatises of Government was
published anonymously in 1690.
The state of nature of Locke is different from that of Hobbes. Man in the state of nature
did not live in a state of war or in constant fear. According to Locke it was a state in which
men were equal and free to act as they thought fit within the bounds of the law of nature.
They enjoyed liberty and were equal and free to act as they thought fit within the bounds
of the law of nature. They enjoyed liberty and were endowed with natural rights. Lockes
state of nature was not pre social or lawless. It was not a state in which men lived in
reciprocal hostility, but one in which place and reason prevailed. There was the law of nature
to govern mans conduct in society. Natural law not only conferred rights but also imposed
duties on man. Thus, Lockes state of nature was a state in which man had rights and also
acknowledged some duties.
According to Locke if men are to live amicably together, there must be an arbitrator,
judging by an agreed law with the capacity to enforce his decisions. In the absence of such
an arbitrator, men in the state of nature were in an ill condition.
The Nature of contract to get out of this ill condition, men in the state of nature agreed to
establish a civil society for the mutual preservation of their lives, liberties and estates
which Locke called by the general name, the right to property. There was an agreement of
all with all persons excluding none.
This was a social contract or covenant, since it was entered into by the people among
themselves. Under the term of this compact, the individual agreed to give up this power of
punishing in favor of an authority to be instituted here in after, in accordance with such
rules as the community or those authorized by them for that propose, shall agree upon.
Hence there was no surrender of the natural rights possessed by men in the state of
nature. Only one aspect of their rights was surrendered that is, the right of interpreting
and enforcing the law of nature. This limited right was surrendered in order to protect
their rights in a more effective manner. In this respect Locke differ sharply from Hobbes.
Firstly, Hobbes contract was general but Lockes was specific and limited. Secondly, Hobbes
made his individual surrender all his rights but Lockes surrender was confined to
surrendering rights of interpreting and enforcing the law of nature.
Thirdly, in Locke this right is given to the community as a whole and not to a man or
assembly of men as in Hobbes. Fourthly, the compact in Locke does not put an end to the law
of nature or to natural rights.
According to Locke the government is a trustee, and if it fails to protect the rights of the
people and act for common good, the people are justified in overthrowing it and setting up a
new government.
Locke/Hobbes
- The authority of the sovereign is limited / Unlimited

10

The government is an agency of the state to carry out the will of the
community. It has three organs
- The legislative, executive and federative.
- The state exists for the people who form it the government should not
merely keep order but govern the people for their welfare.
- The state is based on the consent of the people. The state should be a
constitutional one, in which men acknowledge the rule of law.
- If the state does not serve peoples good, if it does not rest on their
consent, if it is not constitutional, if it exceeds its authority, or if it fails to
serve its purpose, it can legitimately be overthrown. / Opposite
Jean Jacques Rousseau (1712 1778)
Rousseau elaborated his theory of social contract in his famous work entitled Social
contract in 1762. Rousseau was vitally interested merely in pointing how the state could be
reconstructed upon moral foundations and how a legitimate system of administration could
be provided. He writes, Man is born free, and everywhere he is in chains: Many a one
believes himself the master of others; and yet he is a greater slave than they . How has this
change come about? I do not know what can render it legitimate? I believe that I can settle
this question.
According to Rousseau there are two original instincts that make up mans nature. These are
self love or the instincts of self preservation and sympathy or the gregarious instinct . On
the whole these instincts are more beneficial than harmful to society. Therefore, man is
essentially good and sympathetic man is also possessed of what may be called conscience
which makes him do the right. To Rousseau, while the primitive instincts unite men it is
reason that divides. Thus conscience and reason, which are present in man, working
together may restrain the desires in him.
Rousseau is not very clear and consistent about the state of nature. It appears that the
natural state of man was preferable to him than the civil society. The primitive man lived in
a state of idyllic felicity (happiness). It was an ideal state of nature. Man knew neither right
nor wrong and had no notion of virtue and vice. Man enjoyed perfect liberty and equality and
led an unsophisticated and innocent life. Nevertheless, this primitive condition of idyllic
happiness could not last long.
When the idyllic happiness of the state nature disappeared and man degenerated into a
cunning brute, the need for self preservation impelled people to come together and having
recourse to contract, form an association which may defend and protect, with the whole
force of community, the person and property of every associate, and by means of which
each, coalescing with all may nevertheless obey only himself, and remain as free as before.
This contract, at once social and political, is made by individuals of the community in such a
way that every individual puts his person and all his power in common under the supreme
direction of the general will and in our corporate capacity, we receive each member as an
indivisible part of the whole. The individual gave himself up to the control of all but not to
a particular person. The sovereignty passed on to the community of which the individual is
an integral part. According to Rousseau, in making surrender of all his powers the individual
was not a loser in any sense. As a member of the political community, each individual retains
an equal and inalienable portion of the sovereignty of the whole and remains as free as
before. The state, in Rousseaus view, is composed of equal individuals, none having authority
over others and all participate in the general will, which is the sole fountain of legitimate
authority.
The concept of general will is the Crux of Rousseaus political system and is his distinctive
contribution to political thought.
In brief we may sum up the characteristics of the general will as follows.
-

11

The General will does not represent the particular will of man that is, the
will of a man who is considering only his won interest. The general will is not
the will of all, nor is it will of the majority. It represents the common
consciousness of common good.
The general will is sovereign. Every individual is obliged to follow it. If one
does not obey it voluntarily, he shall be compelled to do so.
The general will alone is the judge of what constitute public interest.
The general will is in alienable and indivisible
The general will must be general in objects as well as its essence.
The general will is not an executive will. The people entrust the executive
power to its agent, the government.
The form of government is a matter of secondary importance. What is of
primary significance is that sovereignty should reside in general will
The general will is in fallible. It is always right and tends to the public good.
The general will is always in the right, but the judgment which guides it is
not always enlightened.
The true freedom of an individual consists in acting in conformity with the
general will.

Essential Elements of the State

A careful consideration of the above mentioned definitions of the state will clearly reveal
that there are some elements considered essential for the very existence and maintenance
of the state. No state can exist in the absence of any one of them.
These essential elements of the state:
1. People or population
2. Permanent territory
3. government or organization
4. sovereignty

I . People or population
The basic requirement for the existence of the state is people. The state cannot be
conceived of without people. As Leacock has pointed out, It goes without saying that an
uninhabited portion of the earth, taken in itself, can not form the state . There have to be
more or less numerous people; enough at any rate to divide them into the rulers and the
ruled, to constitute a state. The question of the number of people necessary or desirable
for the state cannot be answered in abstract. Plato felt that an effective number of 5040
citizens should be sufficient. His disciple, Aristotle claimed that the Polis should neither be
too small to be self sufficient nor too large to be well governed. Likewise, Rousseau, himself
a great admirer of small republics and direct democracy, though that ten thousand may be
an ideal number.
Nowadays we have some large states like china and India having populations of nearly one
billion. There are also tiny states like San Marino whose population does not got beyond 5
figures.
II Territory
That a state should have a definite territory is now generally agreed. There is now
consensus that nomadic peoples do not form a state though they may not be deficient in
political organization.
The modern state is essentially territorial in character. No hard and fast rule can, however,
be laid down regarding the size of the state. The modern states vary greatly in size.

12

There were times when political thinkers believed that smaller states are better. This view
prevailed in ancient Greece. Aristotle for instance excluded from his study larger political
groupings, including the empire of his student, Alexander the Great. Rousseau also held this
opinion. This was perhaps an inevitable stand when the means of transport and
communications were still underdeveloped, when representative institutions had not yet
been organized and their efficiency not tested, when modern local self governing
institutions had not evolved, when federalism had not shown the walf of establishing union
without uniformity, and when active and direct participation of citizens in public affairs was
sought and admired. But it has now become possible for us to live in larger states without a
loss of individual liberty. Even otherwise the economic and other advantages of larger
states have become overwhelming.
A large state is likely to have greater natural resources and economic potential. This implies
a greater capacity of the state to maintain its independence and its ability to provide
essential prerequisites of material prosperity to its citizens.
The extent of territory that a state should have depends upon the size of the population it
has to support.
The territory of a state includes land, water, and air space. Traditionally, the territorial
limits of the state extend up to a distance of three miles from sea coast. The territorial
limits of the state also extend to the air space above the territory of the state but in the
absence of a common consensus, its extent remains undefined.
There is a certain advantage in the states having compact and contiguous areas under its
control. But a state may also have disconnected territories example, the United kingdom,
Pakistan etc.
III Government
The state is a politically organized society. Political organization is essential for the
existence of the state. In deed there can be no state without government, though
government has been in existence in the absence of the state.
Government is the agency through which the will of the state is formulated, expressed and
realized. Government is in the administrative wing of the state.
The form and structure of the government are varied. The government is regarded as
indispensable because there can be no civilized existence without it. Even anarchists, who
advocate the destruction of coercive state, realize the need for some kind of government.
They would however like the government to be organized by the people themselves on
voluntary and non coercive basis. Communists, who envisage the ultimate withering away of
the state after the establishment of communist society on a world scale, admit that
authority shall still be required.
Nowadays it is generally accepted that as long as there are diverse interests in society,
some mechanism will be needed to bring about and maintain a workable arrangement to keep
the people together. If there are none who possess authority and none who obey, remarks
there is anarchy and the state is at an end.
IV Sovereignty
Sovereignty is regarded as the most important element of the modern state. It is what
distinguishes the state from other groups and associations of human beings. By sovereignty,
Leacock stated that the territory and population in question must form no part of a wider
political unit; nor must the territory contain any portion or portions which, while forming
geographically a part of it, are not a part of it politically. In short the people should be
enjoying independence. Internally, there must not be any rival or parallel authority.
Externally, the country should be free from foreign control or dictation. It may, however,
be subject to such agreements and obligations as it has voluntarily accepted and continues
to accept.

13

The state and Government

Government is often confused with the term state. Government is an essential element of
the state. It is an instrument to serve the purposes of its members. Government is an
agency of the state through which the will of the state is formulated, expressed and
executed. There can be no state without government.
The distinction between the state and government may be presented in a tabular form as
follows:
State
Government
1. It is the whole
1. It is only a part of the state that is its
2. It is abstract
working machinery
3. Its membership comprises all the
2. It is concrete
nationals
3. Only a small part of the total population
4. It is more or less permanent
participates in the various organs of
5. The state needs some form of
government
government. A state without government
4. Governments come and go
is inconceivable
5. Government in the widest sense has existed
6. Sovereignty is an attribute of the state
before the state as well as a part from the
7. In some countries, the nationals are not
state.
supposed to have any grievances or rights
6. In practice all governments are subject to
against the state.
various limitations, legal and actual
7. Individuals may have grievances as well as
claims against some organs of government or
against a public functionary. There are also
redresses available against any encroachment
or arbitrary exercise of discretionary power
The State and Society
Society is a very general term, and stands for the web of social relationships. Society is not
limited to human beings but it is found among other creatures as well. Society is the
changing pattern of social relationships. Man is dependent on society for protection,
comfort, nature, education, equipment, opportunity, and the multitude of definite services
society provides.
In point of time society is prior to the state. Society precedes the state as it precedes the
family, the church, the corporation; political party etc. society unites all of these as the
tree unites its branches. Historically the state came in to existence much later than
society.
Functionally also state and society are different. One of the main purposes of the state is
to organize a system of order and control within a definite territory. And for that
purpose the state enforces obedience through its laws.
Structurally too society and state are different. The state does not and cannot encompass
the entire associated life and the whole range of human relations as the society does. The
state exists within the society but it is not even the form of society It supports or
exploits, curbs or liberates, fulfils or even destroys, the social life over which it is invested
with control but the instrument is not the life.
Their modes of operation are also different. The state may and does coerce and compel
where as on the whole, the society function through persuasion and through customs and
traditions.
In short, the state is expected to maintain conditions and environment which enable women/
man to improve her/himself. The function of the social groups within the state, on the other
hand, is to help man to attain his best. Thus the sum total of what society may achieve
through its numerous associations is often greater than what the state itself does directly.

14

But the state functions have also been increasing rapidly and the state now claims its
competence to undertake every thing that can be done through its organization and process
to achieve human welfare.
The main points of distinction are presented in a tabular form as follows
Society
2. It is a web of social relationships
3. It is historically as well as logically
prior to the state.
4. It has no reference to any particular
territory
5. Society is natural to human beings.
Man can not live outside it.
6. The social organization acts for a
variety of purposes
7. It does not ordinarily use compulsion.
It uses the method of persuasion
and the influence of social opinion
8. It need not be highly organized
9. It operates on the basis of customs
and conventions.

1.
2.
3.
4.

5.

6.
7.

8.

state
Is an instrument to serve the purpose
of its members
It came into existence at a certain
stage of human development
It always possesses a definite territory
There have been times when man has
lived without the state. However, in the
present context of things the state is
necessary
The state has only a single great
purpose that is the enforcement of its
system of law and order.
It employs the method of coercion or
compulsion.
It is always organized without an
adequate organization, no state can
exit
It exercises authority with the help of
laws which are enforced

State and Community

Whenever any group of people live together and share basic conditions of a common life, we
have a community. Community is an area of social living marked by some degree of social
coherence. There should be an awareness of sharing a way of life as well as common earth.
The mark of a community, according Maclver, is that ones life may be lived wholly within it,
and that all ones social relationships may be found with it. He points out, however that the
civilized communities are much less self contained. They do not have walls around
themselves to cut them off from others.
What distinguishes a community is the fact that it is always a territorial group. One basis of
its coherence is locality. Even a nomad community has a local, though changing, and
habitation. In the modern world the local bonds are being weakened by the extending
facilities of communication. Hence, physical neighborhood has lost much of its significance.
As G.D.H. Cole points out, men do not make communities, they are born and bred into them.
But it does not necessarily involve any particular form of social organization and indeed any
social organization at all. Cole regards community essentially a subjective term whose
reality consists in the consciousness of it among its members. To be a community a group
must exist for good life, and not merely for specific purposes.
State and Association
Association is a group organized for the pursuit of an interest or a group of interests in
common. According to Maclver and page defined it. According to these two writers the
family and the state lie on the border line between associations and communities.
For quite sometime, political thinkers believed that associations and groups exist by the
courtesy of the state. Ihering stated that, through the process of evolution, associations
would lose their functions to the state. Maclver, however, holds that even after the

15

transfer of some functions of associations to the state, all associations will not become
absorbed by the state.
The importance of these voluntary groups (associations) which often arise spontaneously to
serve some specific purpose or purposes is now better reorganized, due to the efforts of
the pluralists.
An individual can become the member of as many associations as he desires (but not of
opposing association). Associations come into existence and disappear after having served
their purpose or when they are no longer needed. Realizing that associations are voluntary in
character and spontaneous in origin, the democratic state should encourage and assist them.
Nevertheless, associations can not be permitted to behave as they pleased.
The main points of distinction between the state and associations are presented in a tabular
form as follows.
state
2. Has a fixed territory
3. It is a stable organization
4. A citizen can be member of only
one state.
5. membership is compulsory for
citizens
6. it has legal power of coercion and
even inflicting a death penalty
7. It is a Sovereign association
exercising authority through laws
8. It has one great purpose that is
enforcement of its law and order
9. it has many associations

1.
2.
3.
4.
5.
6.

7.
8.

Society
Its area of activity may be local,
regional, national or international
It may be transient or short lived
A person can be member of many
associations.
Usually membership is voluntary
and optional
Try to persuade. Default may
mean a fine or expulsion.
It has rules and regulations which
may be binding and may also be
strictly enforced.
it exists to serve some specific
and limited interest or interests
at times, members have given
more support and loyalty to
association than to the state.

Bureaucracies
To many people bureaucracy suggests in efficiency and pointless and time consuming
formalities. In short red tape that is, complex obstructive official routine. The term
bureaucracy has been used in a number of ways. Originally it meant rule by officials as
opposed to elected politicians. In the social science, bureaucracy is usually understood as a
mode of organization. Modern political analysts, however, use the term bureaucracy to mean
administrative machinery of the state, bureaucrats being non elected state officials or civil
servants who may or may not be subject to political control.
Theories
Three major theories of bureaucracy have been advanced
1. The Weberian mode, which is developed by Max Weber, suggests that bureaucracy
is a rational administrative machine, the characteristic form of organization in
modern society.
2. the conservative power bloc model this theory emphasizes the degree to which
the bureaucracy reflects broader class interests and can resist political control

16

3. the bureaucratic over supply model emphasizes a tendency towards big

government caused by the pursuit of career self interest on the part of civil
servants.
Functions of Bureaucracy
The core function of the bureaucracy is to implement or execute law and policy through the
administration of government. However, civil servants also play a significant role in offering
policy advice to ministers in articulating and aggregating interests (especially through links
to client groups) and in maintaining political stability and continuity when there is a change
of government or administration.
Organization of Bureaucracies
Bureaucracies have traditionally been organized on the basis of purpose or function: hence
their division into departments, ministers and agencies. The degree of centralization or
decentralization within them varies considerably. Modern trends however, are towards the
divorce of policy making from policy implementation and the incorporation of private sector
management techniques, if not out right privatization.
Power
There is concern about bureaucratic power because of the threat it poses to democratic
accountability. The principal source of bureaucratic power include the ability of civil
servants to control the flow of information and thus determine what their political masters
know, the logistical advantage that they enjoy as permanent and full time public officials
and their status as experts and custodians of the national interest.

Control
Control is exerted over bureaucracies in a number of ways. Mechanisms of public
accountability to ministers, assemblies, the courts etc could be established. The civil
service can be politicized so that it shares ideological enthusiasm of the government in
power. Counter bureaucracies can be constructed to provide an alternative source of
advice and to strengthen the hands of elected politicians
Types of Government
Most political scientists relate types of government with the ideology of the government.
1. Totalitarian government such type of governments have appeared in Fascist
systems. Beyond controlling politics, economy and social activities, such types of
governments attempt to control the conscience (mind) of the people.
2. Anarchist government Anarchism is commonly defined as the belief in the
abolishment of all forms of organized government laws, machinery of law
enforcement. Anarchist government has never occurred in the history of human
society. The basic features of anarchist governments is non intervention role of
the government in the political, economic and social life of the society.
3. Individualist government It is a type of government that attempts to secure
individuals rights and liberties and to maintain law and order.
4. Collectivist government Such type of government has greater concern for the
provision of public welfare, rendering and monitoring of public services. Collectivist
governments were believed to have appeared in the period before the demise of the
socialist system in Eastern Europe and the U.S.S.R. therefore also some states,
which are recognized for their welfare services like the Scandinavian countries. It
is possible to classify the governments of the Scandinavian countries as collectivist.

17

Classifications of Governments
I. Aristotelian classification of government. In his writing, politics, Aristotle classified
governments into five.
1.
2.
3.
4.
5.

Monarchy a rule by one person based on hereditary line.

Aristocracy rule by few enlightened and organized groups.
oligarchy rule by few wealthy people
democracy a government where the people are vested with supreme power
republic a government in which power is seized through election

II.
Montesquieus Classification
Montesqueis classification left us his famous work, Esprit des Lois (spirit of the laws)
published in 1748 Montesquieu was the first scholar to deal with the issue of separation of
powers of governments as executive, legislative and judiciary.
Montesquieu classified governments into three:
1. Republican
2. Monarchical
3. Despotic a government type in which a ruler exercises personal power over
the people usually in cruel and un acceptable way.
III.
Rousseaus classification. Rousseau classified governments into three as follows.
1. Autocratic a government in which a ruler exercises un restricted power.
2. aristocratic
3. Democratic
IV.
Contemporary classifications of Government
1. Monarchy Monarchies could be traditional or constitutional.
a. Traditional monarchy Here the king or the Queen maintain his/her
position by the claim of legitimate blood descent rather than their
appeal as popular leader. Such monarchs have unlimited power.
b. Constitutional monarchy. Here the king (Queen) is ceremonial head of
state, an indispensable figure in all great official occasion and the
symbol of national unity and authority of the state but lacking real
power.
2. Dictatorship.
3. Oligarchy (Aristocracy)
4. Constitutional It is defined by the existence of a constitutional government
systems are the presidential and parliamentary systems
a. The Presidential system It is based on the doctrine of separation of
powers which is practiced in the U.S.A., Argentina, Brazil
The principal features of presidential and parliamentary systems are the
following
a. the executive and legislature are separately elected, and each is invested
with a range of independent constitutional power
b. the roles of head of state and head of government (the chief executive) are
combined in the office of the presidency

18

c.

executive authority is concentrated in the hands of the president, the

cabinet and ministers being merely advisers responsible to the president
d. there is formal separation of the personnel of the legislative and the
executive branches (except in semi presidential systems)
e. Electoral terms are fixed. The president can neither dissolve the
legislature nor be dismissed by it (except possibly through impeachment
(charge of all official with misconduct)
b. Parliamentary system It is based on the fusion of powers which is
practiced in western European nations, Scandinavian countries, Japan,
India etc.
France follows a mixture of parliamentary and presidential system of
government
Forms (structure of states)
Forms of states could be unitary, Federal or confederal.
B. Unitary state. It is a form of state that is characterized by centralization of power
and indivisible sovereignty. In such states the central government is legally supreme
over local or regional units.
f. Here the central government is the only source of authority. Whatever local
territorial units exist, they are merely agencies of the central government
established for its convenience in local administration
g. There is only one kind of legislative body which is always absolutely supreme
The majority of states in the world are unitary
Example Britain, Japan, Poland, the Netherlands, Belgium, Spain, Romania etc.
Advantages of Unitary State Structure
h. It is advantageous to a country with relatively small sized states and for
those having homogenous population
i. The organization is relatively simple
j. It avoids conflict of jurisdiction
k. Duplication of civil servants and services are comparatively rare.
l. Uniformity of law, policy and administration can be maintained throughout
the whole state.
Disadvantages of Unitary State Structure
m. Overburdens the national legislature with numerous local matters
n. Leaves distant authorities and may lack adequate knowledge of local
conditions to the determination of policies and the regulation of matters,
which may concern only the localities affected
o. Tends to repress local initiatives and interests in public affairs and impairs
the vitality of local government.
p. It facilitates the development of central bureaucracy.

C. Federal State Structure

Under federalism power is formally divided between the central government and local
regional governments. In Federal State there are two layers of government that is the
central government and regional governments. It is a direct opposite of unitary state.
Examples of Federal States are U.S.A, Australia, Brazil, Canada, Germany, India, Nigeria,
Ethiopia etc.
Federal states may be created by the voluntary agreement of independent states.
Features of Federal States

19

q.
r.

existence of dual polities that is, Federal and regional

Supremacy of the Federal constitution. Federal state and regional states
have constitutions of their own. But the local constitutions should be
accountable to the federal constitution
s. supremacy of the Federal authority in most states the Federal authority
has power and right to interpret the constitution
t. the power of Federal units (regional, local states). In matters that created
differences, the Federal government can not impose its will on regional
governments unless they compromise over the issue.
u. There is divisible sovereignty and more than one legislative bodies
v. Equal power shared by the Federal authorities and regional authorities. This
does not mean they have equal power in one affair, rather the reserve
powers (powers applied when required but reserved until then) and federal
powers are seen equally.
w. Exclusive powers are powers which are not shared and are only exercised
by the Federal government or regional governments.
Example Exclusive powers exercised by the Federal government
x. To enact laws and constitutional laws and follow their applications.
y. Foreign affairs, defense, printing and circulating money
z. Concurrent powers power exercised commonly by both the Federal and
regional governments.
aa. Example, Social sector like education, health, labor.
bb. Social affairs like culture, information etc.
cc. Planning, transport and communication, internal security, agriculture,
industry, trade, tourism, finance, justice etc.
Advantages of Federalism
dd. It is essential to large states
ee. Combines national unity, local autonomy and the right of self government
ff. Maintains balance between centrifugal (unifying) and centripetal
(integrating) forces in a state
gg. It stimulates in government by leaving the determination of local policy in
the hands of local officers and assemblies that are responsible to local
electorate
hh. It relieves the central legislature and authorities from the necessity of
devoting time and energy to the solution of local problems
Disadvantages of Federalism
ii. There is duplication of activities and services which requires additional
expense. It is not always easy to deal with a specific situation
jj. The division of power between the central and regional states may lead to
conflicts of jurisdiction between the national and local officials or sort of
no mans land in which neither authority takes decisive actions.
C. Confederations
Confederations are voluntary association of free and independent states without affecting
their internal freedom, structure, law making and enforcing process, external relations of
the states confederating for common advantage.
Historically confederations often proved to be first or second step towards the
establishment of a national state usually as federal union. The Federal states in
Switzerland, Germany and the U.S.A. were preceded by confederations.

20

kk. The common wealth of Nations which was formed in 1972 is an example of
confederation born as a result of the decentralization and eventual
disintegration of the Empire UK and former British colonies
N.A.T.O= North Atlantic Treaty organization
There are also modern confederal arrangements, which are established around common
defense
Example, N.A.T.O; economic alliance example common market of Western African States
(ECOWAS); neighborhood alliance. Example Organization for African Unity (OAU),
Association of South East Asian states (ASEAS), organization of American States (OAS);
Politico religious alliances example the Arab League; Community of Nations example United
Nations Organization (UNO)
Major Functions of Government
1. Self preservation keeping the state from domestic and external threats
2. Supervision and Resolution of conflicts through negotiations, mediation and
arbitration
3. Regulation of the economy
4. Protection of political and social rights
5. Provision of goods and services example provision of health care, education;
development of public works; conservation of natural resources, developing
infrastructure like road, water supply system etc
The Federal Democratic Republic of Ethiopia
Until the down fall of the Derg regime in 1991 Ethiopia was a unitary state. After May 1991
both in principle and practice Ethiopia gradually shifted its state into Federal one. The
charter of the transitional government that replaced the military regime laid the basis for
the present day federal government in Ethiopia.
Nowadays the Ethiopian state is a Federal state and Ethiopia follows the parliamentarian
system. The Federal Democratic Republic of Ethiopia has nine regional states. Southernnations nationalities and peoples of Ethiopia, Gambela and Harari. Addis Ababa is the capital
of the Federal government and is a chartered city like Dire Dawa.
The constitution of the Federal Republic of Ethiopia states that there shall be two federal
houses that is, the House of Peoples Representatives and the House of Federation.
The House of Peoples Representatives is the highest authority of the Federal Government.
The House is responsible to the people. Its members are elected by the people for the term
of five years. The political party that has the greatest number of seats in the House forms
the executive body and leads it that is; the party with a majority of members in the house
is the one that organizes and run the government during its term of the specified period of
time. The House has its own speaker and deputy speaker.
The House of Federation It is the other legislative body in the Federal government. Its
members are representatives of the nations, nationalities and peoples of Ethiopia. Each
nation or nationality is represented by one member in the house and for every one million
population each will have one more representatives.
Powers and functions of the House of Federation
ll. Interpreting the constitution
mm.
Making decisions on the rights of nations, nationalities and peoples to
self determination
nn. Promoting the equality of peoples of while strengthening their unity
oo. Resolving disputes and misunderstandings that may occur between regional
states
The House of Federation too has its speaker and deputy speaker

21

President of the Republic.

The president is the head of state. The House of peoples representatives nominates the
president. The nominee is elected when the joint session of the Federal Houses approve the
nomination by 2/3 majority vote. The term of office of the president is six years. No
person can be elected more than twice to be president.
The Executive
The executive is the daily operational part of the federal government. The responsibilities
of this operation are mainly vested in the prime minister and the council of ministers. The
executive body is responsible to the House of peoples representatives. The prime minister
is elected from among the members of the House of Peoples representatives. He is elected
from the party having majority seat in the parliament. The prime minister is the chief
executive and chairperson of the council of ministers. He/ she is also commander in chief of
the national armed forces. Therefore, the prime minister has a number of powers and
responsibilities some of which are the following.
pp. Submits nominees for ministerial posts
qq. Follow up the implementation of laws, policies and decisions adopted by the
House of peoples Representatives and by the council of ministers.
rr. Supervises the federal administration
ss. Submits periodic reports and plans to the House of Peoples Representatives
tt. Respects and enforces the constitution
The Judiciary
The constitution of the Federal Democratic Republic of Ethiopia establishes the principle of
an independent judiciary. Judicial powers are exercised at both the Federal and regional
levels. Courts are found at various levels.
Chapter Three
Citizen and Citizenship
A citizen is a person who has rights and privileges in a country and who is also expected to
render services and overcome duties expected from him/her. The person could be a native
of a certain country or a person who was born elsewhere but naturalized to a certain
country.
A citizen - legally recognized member of a state.
Citizenship - relationship that is legally established between the state and an individual. It
is the totality of rulers that could help a citizen get or loss citizenship of a state.
Citizenship creates bond between the individual and the state of a certain country. This by
implication makes the individuals identified as a member of a state. This could then allow
the member citizens to claim for protection against any form of attack from internal and
external forces. Finally, citizenship makes individuals subordinate to the state.
Nationals and citizens have slight difference in that a national is a person who is citizen by
birth in the country referred. But citizen could be a person who is either naturalized or
born in the country referred. Thus we can say a national is a citizen born in a specific
country but a citizen may not be a national. On the other hand, there is also a difference
between citizen and nationality.
Nationality is commonly referred to a persons ethnic origin. But citizenship denotes the tie
or relation of individuality and is used to show how membership in a certain nation is
established.
The Origin of the Concept
In ancient Greece citizen means a person who lives in a town or city. This suggests having
the freedom and membership in political administration. In ancient states people and state
had a weak relationship. The people needed little protection from the state and the state
gained little from the people. But as society developed and the population increased people

22

needed more protection from the state and this consolidated the relation between the
state and people. This link between the people and the state is called citizenship.
Ways of acquiring citizenship
A person acquires citizenship of a state in different ways. Citizenship could be acquired by
birth or through naturalization. To get citizenship by naturalization, the person is expected
to fulfill the social, political and legal requirements of the country. With respect to the
rights and duties of citizens both citizens by birth and naturalized citizens have the same
status. However, in some instances there may be slight differences example the right to
elect and be elected.
I.

Citizenship by birth

a.

Jus Soli (the law (right) of the soil). According to this law all persons that are born
with in the territory of that state is granted the right to get citizenship. However,
this rule does not include children born to foreign diplomats who represent the
country they cam from. Thus this rule does not consider the origin of the parents of
the child. If a child is born within the soil of that state he/she will be granted
citizenship. Most of the developed states accept Jus Soli.
b. Jus Sanguinis (law (right) of the blood. Jus Sanguinis can be divided into Jus
Sanguinis paterni (father) and Jus Sanguinis Materni (mother). This mode of
acquiring citizenship is very common in the developing countries. Here a child can
claim citizenship of his/her parents.
II.
Citizenship by Naturalization
Naturalization is a process of obtaining citizenship if the person fulfils the political, legal
and social matters which the host country expects to be accomplished. Naturalization is a
process by which a state confers its citizenship on an individual who is originally not its
citizen as a result of some voluntary acts and intentions of the individual.
There are certain factors that compel a person to change his/her citizenship.
1. When a person living in a certain territory becomes transferred into a
territory of another country. This imply that if the territory in which a
person lives is taken by another country, the people living in the old territory
will be forced to change their citizenship to the state which has newly taken
up the territory. This could happen through
uu. annexation by force merger of one state with another state
vv. cessation
ww. purchase arrangements made by two countries
2. Marriage to a foreigner. Until 1930, a woman who married a foreigner was
forced to loose her own citizenship and get citizenship of her husbands
country.
3. When the government of a country freely grants citizenship to foreigners
living in the country or abroad example DV that is Diversified Immigrant
Visa given by the U.S.A to the nationals of other countries across the world.
4. Emigration when a person emigrates due to political, social or economic
reason, he/she asks for citizenship of the country where he/she were
emigrated citizenship may also be obtained in the following ways as well.
xx. Legitmation:- This is citizenship by recognition. An illegimate child has the
right to get citizenship of his biological or care taker father after

23

legitimation. Such process is usually attributed to a citizen of multiple

citizenship.
yy. Option a person of multiple citizenships has a possibility to choose his/her
citizenship
zz. Acquisition of Domicile This is a way of getting citizenship status when the
person is able to get permanent residence.
aaa.Appointment as government official. This is citizenship by job. Some
countries grant citizenship to a person (s) who is/are assigned to work with
in their country.
The following are requirements to get Ethiopian citizenship by naturalization according to
the Ethiopian law of citizenship of 1930
bbb.
One who reaches the age of maturity (legalage)
ccc.One who stayed in Ethiopia at least for five years
ddd.
One who is not dependent
eee.
One who speaks and writes the Amharic language
fff. One who is not accused of crime or other related illegal maters and who
presents human witnesses
Dual citizenship (mixed system)
A person sometimes may have double citizenship due to the existence of different laws of
citizenship. A person may have one citizenship because of his birth place (Jus Soli) and
another citizenship because of his/her parents citizenship by blood (Jus Sanguinis) some
people have dual citizenship as a result of naturalization in foreign state and if the state of
the state of the individual refuse to allow the individual to go abroad the situation is called
indelible which means that can not be removed. This is to show that the first citizenship can
not be lost due to the absence of consent on the part of the applicants country.
But this situation could result in some problems like tax payment, military national service.
Citizenship to children, to get protection from the government of the two countries because
none of the states.
Statelessness
Statelessness is a condition in which a person fails to have nationality or citizenship. There
are two types of statelessness that is defacto and dejure statelessness
ggg.
Defacto statelessness refers to persons who have nationality but do
not get protection from their state when they are out of their country.
These are people who are displaced from their home country for political,
economic or social reasons and sheltered in another country.
hhh.
Dejure statelessness Such kind of statelessness is caused when
people are made to loose their citizenship by their own government for
different reasons.
Example Russia from those who were against the revolution of 1917 and
Hitler from the Jews
Modes of loosing citizenship
1. Renunciation (Expatriation). The United Nations Declaration of Human Rights of
1948 which has a preamble and 30 articles provides in its article 15 sub article
citizenship the right to the individual to renounce his/her citizenship and seek
citizenship of some other state according to his/her choice

24

2.

3.

4.

Deprivation a person who is found guilty of committing serious crimes against the
state may be deprived of his/her citizenship. Some of the crimes could be
iii. to make access national secrets to alien country
jjj. to collaborate with the enemy force in time of war
kkk.
to carry out diplomatic, economic, political and military intelligence
to another state within his/her state.
Substitution citizenship may be lost when a persons original citizenship is
substituted by another state, which he acquires through naturalization on the other
side, this may also happen when a particular territory is annexed by another state.
In such cases the citizenship of the conquered people will be replaced by the
citizenship of the subjugator.
Lapse citizenship may be lost if the person stays outside of his/her country for a
long and continues period example, if an Indian citizen stays out of India
continuously for more than seven years, the person will loose his/her Indian
citizenship by the principle of lapse.

Rights and Responsibilities of Citizens

i.
Rights
lll. Getting protection that is to get his/her life and property protected by the
state
mmm.
Getting the necessary social services that is having access to health,
education, water, electricity, housing and other facilities
nnn.
Right to work in his/her own country (facilitate the working
situations)
ooo.
Right to elect and be elected
ii.
Responsibilities
ppp.
Take part in the political, economic and social activities
qqq.
Respect the rights of other people
rrr. Protect the country from any kind of threat or attack
sss. Bear duties in times of advertise
ttt. Respect the laws and rules that govern the country
uuu.
Preserve historic and cultural heritages of the country
vvv. Pay taxes
www.
Accept and appreciate the views, beliefs and arguments of other
people (open mindedness)
xxx.
Be good citizen free from addition of any kind
yyy.
Follow up what the government is doing or intends to do
Citizenship and Civic knowledge
Civic dispositions and civic commitments are two important characteristics required from
citizens in a democratic society.
1.

Civic dispositions refers to habits or characters of citizens that are conducive or

helpful to the healthy functioning and common good of a democratic system. Civic
disposition includes all the behaviors and actions that are good, desirable and
acceptable. Such behaviors and habits are expected from responsible citizens. Some
of the elements of civic dispositions are the following.
zzz.
Civility Civility is a polite way of acting or behaving towards others.
It is the need to respect others. Civility includes respect and politeness to
those with whom one may disagree. Civility requires you to respect the

25

rights of those who are in dispute with you. Civility is a way of peaceful living
and co existence with others.
aaaa.
Self Discipline acting and behaving according to some acceptable
standards without external controls and impositions
bbbb.
Individual responsibility fulfilling duties or obligations of
citizenship. As we would like to demand and enjoy our rights and benefits, we
should also be ready to discharge the responsibility that is expected from
US.
cccc.
Civic mindedness It is citizens readiness and desire to give concern
to public interest. Civic mindedness is a commitment to give priority to the
common good than to our private interest. It is unselfish behavior that
enables us to do good and make sacrifice ourselves to the society and to our
nation
dddd.
Open mindedness It refers to our willingness to listen to the ideas,
views and arguments of others. It is the tolerance we show to carefully
examine what others say or suggest. It is also our ability to express what we
feel what is in our mind.
eeee.
Compromise It is one form of behavior that should be observed in
settling conflicts peacefully. It involves the readiness and willingness to
spare something on both sides of the conflict in favor of the peaceful
resolution of the problem and its outcome. Compromise requires giving up
some of our positions or interests. However, compromise never allows
abandoning basic principles and interests.
Tolerance it is the ability and willingness to accommodate differences in ideas, out looks,
views etc. tolerance is the heart of peaceful co existence in diversity. The first important
step in tolerance is to positively accept diversity itself as it is. Tolerance involves
recognizing, appreciating, and being patient with, others views, ideas, languages, beliefs etc.
Honesty It is the behavior and attitude of not telling and not accepting lies. It is a habit
of not cheating or stealing. Honesty is being free from corruption and dishonesty.
Patriotism Patriotism is one of the most valuable responsibilities expected from
competent and responsible citizens.
ffff.
Attributes of patriotism
gggg.
Constitutional patriotism
hhhh.
Tolerance and the culture of peace
iiii. Respect for national symbols and a search for true history
jjjj.
Safeguarding the countrys security
kkkk.
Conscientious objector this refers to persons who refuses to
participate in active military activities for reasons of morality, region and
other forms of personal beliefs and opinions
llll. Keeping states secrets
mmmm.
The case of whistle Blowers Whistle blowers are people who expose
wrong doings, un ethical activities or criminal acts happenings in their
companies, government, neighborhoods and other forms of organizations
without identifying themselves as a source
2. Civic commitment is an active participation of citizens for their personal as well as
the common good in a democracy. It is the expressed devotion of citizens for the
implementation of the fundamental principles of democracy. In a democracy the

26

political authority resides in the people that is democracy is the self governance of
people. This it requires an active participation of citizens in their own affairs.
Ethics of Citizens
Morality is a system of principle and standards of right and wrong in human behavior
Ethics is a branch of philosophy that deals with what is good or bad, and with moral duties
and obligations. Ethics is also concerned with the clarification of fundamental moral and
ethical concepts, principles, and the critical discussion of postions and perspectives. It
attempts to raise fundamental moral questions and to provide logical and meaningful answers
to them. The various ethical theories and explanations are based on social facts, that is
describing what is; and then further go on to embrace normative values of determining
behaviour, that is prescribing what ought to be.
Ethics is derived from the Greek word for character and it focuses on what is right or
wrong; good or bad. Ethics is treating of moral fellings, duties or conduct. It is also related
to conforming to professional standards of conduct. For instance, helping a person in need
of assistance, helping the weak, the elders, persons with disabilities etc.
In most cases, ethical values are related to professional obligations. As the custodians of
special knowledge which bear on the well being of mankind professionals like physicians,
engineers, etc, are governed by special ethical responsibilities. These ethical responsibilities
emanate from ethical values developed in various professions.
Ethical values are requirements for professionals to apply their knowledge in ways that
benefit the rest of the society. Ethics is a normative study and deals with standards of
value.
Good citizens maintain the moral and ethical values of their society. The obligations of
members of a society that emanate from these values are mainly moral obligations. Moral
obligations are requirements that specify what acts are permitted or forbidden without
references to the consequences of performing or omitting the act. Moral obligations rest
mainly on ethical considerations.
Professional Ethics
As we have seen already, professionals need to have work ethics so as to execute their
duties effectively and responsibly. Professional ethics would help them establish certain
rules and procedures. Work ethics also help professionals to have desirable relations with
their fellow workers or with other people working in the same career in other places. It also
creates conducive environment for work.
Nevertheless, all professions do not have the same set of values and standards in absolute
terms. But there are common standards that could be followed by all people irrespective of
professions. The following are some of the common standards.
nnnn.
Punctuality: punctuality is an important value to all workers. Every
worker should get to work on time. Workers (professionals) are also
expected not to waste their work time by postponing works or things for
tomorrow (procrastination) that could and should be done by them today.
oooo.
Respecting ones job and work industriously
pppp.
Properly utilizing equipment and resources

27

qqqq.
Established harmonious relation and work cooperatively with fellow
workers
rrrr.
Developing ones skill to do work effectively
ssss.
Voluntary absenteeism (absence without reporting and having
permission) in contrast with involuntary absenteeism is unethical. It is not
acceptable by all profession.
In addition to general ethical standards, professions have their own ethics peculiar to them.
An employee is expected to observe both the universal and professional standards to
acceptably do his work. Health professionals take an oath at times of graduation swearing
not to violate their professional ethics. Like property and patiently treat their patients,
strive their label best to get their patients recovered from their disease. Not to use their
knowledge to cause harm on people or patients. Keeping the secretes of their patients etc.
legal professionals also have their own professional ethics like abiding by the law only, free
from bias, prejudice and partiality, serving the public honestly being hostile to any
manifestations of corruption.
Morality is a system of principles and standards of right and wrong in human behavior
As we have discussed already Ethics is concerned about what is good and bad and also deals
with moral duty and obligation. Ethics attempts to raise fundamental moral questions and to
provide logical and meaningful answers to them.
Morality on the other hand, refers to a system of principles and standards of right and
wrong in human behavior.
Morality emphasizes on conforming to a standard of right behavior. Moral values and
standards define personal decisions and actions as good or evil, moral or immoral. Thus,
morality involves a normative judgment that is, it indicates what we ought to do and should
not do. What we should do is said to be moral and what we should not do is referred to as
immoral.
The operation of moral values can be explained in two important levels that is personal
(individual) and the social (group level). The distinction into the individual and social levels is
crucial, because morality consists of judgments, beliefs and values that may have a degree
of variation from person to person as well as from group to group. The individuals
conscience and decisions of what is a good or bad action determine the individual or personal
level of conformity to moral standards. No external authority is directly involved in these
senses of moral conformity.
The common sense judgment of the individual is influenced by the social interactions
starting from the family, village, and schools to the wider members of the society. That is,
the individual judgments are not completely detached from the social thinking and values of
the right and wrong actions and behaviors. At the social level of sanctioning moral principles
and standards, out of customary and conventional practices a specific society determines
certain acts as good and right and others as evil and wrong. The members of the society
usually conform to these standards because the standards are rightful in the eyes of the
whole society. Therefore, the society imposes, some moral duties and obligations on its
members. The members are familiarized and educated about what is good and what is evil

28

(bad) in that society. Such an in depth teaching and questioning of moral principles and
thinking is referred to as Ethics.
Besides cultural and traditional values, other factors like religious beliefs and thoughts also
influence moral principles. Many people in different places may form general agreement
about certain basic behaviors and actions. This does not however mean that there is
similarity of moral standards for all. Thus, individual or specific group positions are also
important in this regard. As a result, morality is a relative and culture specific
phenomenon. This is because what is good in one society may be considered bad and
improper in another society.
Patriotism:- Patriotism is a republican ideas which refers to citizens ideal and commitment
to live in peace, freedom and dignity
Traditionally the word patriotism was strongly attached to physical features of the land.
Within the context of this approach, the distinction and differences between nationalism
and patriotism is often difficult to understand. Gradually however, new perspectives
emerged which gave patriotism a new meaning and formulation.

Nationalism is traditionally based on an alignment of certain groups to primordial

features such as kinship, family, territory and others. This drives comparisons of
ones country or even oneself, often in a manner that does not encourage co
existence, with other nations or groups. It could therefore be said that nationalism
is often grounded on resentment and rivalry. It emphasizes the cultural, ethnic,
religious, economic or even technological superiority of a certain group or country
over others.
Patriotism on the other hand is a republican ideal, which refers to citizens ideal and
commitment to live in peace, freedom and dignity. As such it demands citizens to
show commitment and solidarity with democracy human rights and freedom. This is
because of the fact that unlike nationalism, which is essentially outward looking,
patriotism is inward looking comparing ones identity with the other.

Globalization - increasing interconnectedness among individuals across nations and their

people.
tttt.
a remarkable exchange and sharing of information, culture, economic
resource, and technology etc which leads to fight interdependence among
people.
There are a number of institutions that promote and are themselves reflections of
globalization example the International Monitory Fund (IMF) and the World Bank. IMF and
World Bank facilitate the development of common economic policies among many countries in
the world.
The World Intellectual Property Right Organization (WIPO), which is based in Geneva works
to promote communality in intellectual property rights. Forging a common intellectual
property rights is one of the important tools of entrenching globalization.
The cultural dimension of globalization is seen almost ubiquitous (ever present) presence of
Western entertainment and mass media. Some are of the view that this cultural invasion
dimensions in space available for people to develop and promote their local identities. The
implications of policies promoted by these institutions are very significant for poorer

29

countries. As their economies and cultural industries are relatively undeveloped, they are
vulnerable to be overwhelmed by developed countries products and cultural materials.
Global citizenship
In many respects, global citizenship is different from your being a citizen to a certain
country. Firstly you do not have to be born to a country. There is no physical or political
boundary to it. Secondly your responsibilities and duties as a global citizen are quite flexible
and fluid. For example as a global citizen:
You do not pay tax
You do not have military obligation
You are not required to acquire nationality to enjoy benefits and assume
responsibility
There is no unified political space, symbol and interest that you are associated with
There is a remarkable diversity and multiplicity of citizenship
A Global citizen is:
Aware of the wider world and has a sense of his/her own role,
Respects and values diversity. He/she should have a deeper understanding of
different cultures and peoples
Is willing to act to make the world a more equitable and sustainable place
Takes responsibility for his or her actions
Key elements for responsible Global citizenship
The following are what could be considered as the three most important elements of Global
citizenship
A. Knowledge and understanding
As a global citizen, you need to develop an adequate understanding of
Social justice and equity
Globalization and interdependence
Diversity
Peace and conflict
Sustainable development
B. Skills
The following personal and social skills are also important if one has to live up to his or her
responsibilities as a global citizen;
Critical thinking
Ability to challenge injustice and inequalities
Respect for people and things
Co-operation and conflict resolution
C. Values and Attitudes
Knowledge and skills alone will not be the answer unless one develops the value and attitudes
that motivate his or her actions. As such your sense of belongingness with others need to
be based on:
Sense of identity and self esteem
Empathy
Commitment to social justice and equity
Value and respect for diversity
Concern for the environment and commitment to sustainable development.

30

Belief that people can make a difference

Chapter four : Constitutions and constitutionalism

What is constitution?
A constitution - fundamental or supreme law in a given country.
uuuu.
includes the basic principles, values beliefs and traditions that
direct the internal (domestic) and external (foreign) affairs of a country.
vvvv.
contains the basic principles on the structure and distribution of
governmental or state power.
wwww.
establishes the relationships between citizens and the state.
Constitution is a legal instrument to form government by the people.
xxxx.
limits the powers and authorities of a government, ensure and
safeguard the rights of citizens.
yyyy.
framework or blue prints for governments. determine a countrys
system of government to be parliamentary or presidential, republican or
monarchy. Determine the form (structure) of the state to be unitary or
federal.
The origin of constitution is linked with the need to limit the political authority and power
of governments. There were various attempts to check the powers of rulers at different
times in History.
In its modern sense constitution emerged during the 17 th century in England. But the
concepts and practices of constitution as political phenomena extend further into previous
historical periods. Some of the cultures that contributed for the development of
constitutional practices belong to ancient Babylonia (law of Hammurabi) Hebrews
(Theocratic constitutionalism), Greeks, Romans and recent historical developments such as
the English Revolution, the French Revolution and the American war of independence.
zzzz.
The Law of Hammurabi was the first codified law in history. King
Hammurabi of ancient Babylonia introduced a power legal order to govern his
subjects. Hammurabi ordered his subjects to strictly obey the law and
those who refused to do so were seriously punished. Any criticism or
challenge against the law was unacceptable. In Hammurabis legal tradition,
the relationship between the government and the people was not based on
equality. The authority of the government was not limited. The ideas of
freedom and rights of people were ignored. The law of Hammurabi is
historically significant because it introduced a legal system of governance,
but not the idea of constitution and democratic practices.
aaaaa.
The Hebrew were the first to practice constitutionalism. However,
religious thinking and the idea of divine power influenced the constitutional
tradition of the Hebrews. This is called Theocracy. Accordingly, the
Hebrews political system the subjects claimed that they live under the rule
and guidance of divine authority. Thus, the rulers on earth were considered
as the agents and representatives of the divine authority. The Hebrew
constitutionalism emphasized on limiting the absolute power of rulers by the
law of divine power. Thus rules were expected to exercise justice and to
have moral obligation to their subjects. Accordingly when rulers become
unjustice and unwise, prophets claiming spiritual authority arise to resist
them. This is considered as the first legitimate apposition against

31

established authority. In other words the Hebrews contributed for the idea
of limiting the absolute power of rulers.
The Greeks were the first to exercise democracy as a form and method of governance. In
this process, the Greeks developed a constitutional political tradition. That marked the
emergence of constitutional democracy.
The constitutional ideal of the Greeks includes popular participation of citizens through
direct democracy. It also involved shaping of power and state functions. Moreover, that
system also included mechanisms of limiting the powers of the office holders.
The political system provided the opportunity of participation for all citizens in decision
making. This is referred to as direct democracy. Thus, there was no possibility for political
power to be concentrated in the hands of the few. All active citizens had access to the
public offices. When public officials tend to abuse power, condemnation and exclusion from
social acceptance was exercised. The office terms were also short. Therefore, political
power was rationally shared. Officials and citizens also made observance to the rule of law.
Nevertheless, the Assembly of Citizens was without any constitutional limitations. That is
the kind of democracy exercised was excessive. As a result of this, the Greek political
system was unstable and full of internal disharmony.
bbbbb.
The Romans introduced a republican system of governance. The
republican constitutionalism was not completely left at the mercy of all
citizens as in the case the Greece. Neither was it completely controlled by
an absolute monarch until the later part of the Roman Empire. The Romans
founded a system of civil and criminal law, which is the source of the legal
codes and practices of many modern nations. The Romans exercised
separation and distribution of powers among different assemblies and
offices. These various assemblies and offices were meant to check on each
other. Officials were elected by assemblies of citizens, and for a year at a
time.
ccccc.
The origin of constitution is also related to a document known as
Magna Carta. King John of England was using his governmental power unfairly
for selfish purposes. The forms of abuses of his power were asking unusual
tax rates and depriving of the established rights and privileges. As a result,
those who suffered revolted and decided for an armed confrontation with
King John. However, King John did not fight. Instead, he agreed to sign a
charter called Magna Carta in 1215 AD. The document is also known as
Charter of Liberties since it provided rights and privileges to those who
were ruled and restriction upon the kings power.
Constitutionalism is political governance based on a given constitution where state power
is exercised according to established rules contained in that constitution.
ddddd.
is also related with the prevalence of the rule of law where the
government and public officials shall be held accountable to people and are
responsible for their actions.
A modern constitution has the following characteristics and contents
- It lays down the form of the state
- It may be written or unwritten
- It may be a deliberate creation or may have been gradually evolved

32

- It may be embodied in one document or several

- It prescribes the structure and organization of the government and also
determines the relation of different organs of the government
- It may also lay down the rights of the governed
- It often also lays down the procedure of its own change
Forms of Constitution
Constitutions could be written or unwritten. Sometimes written constitutions are known as
documentary constitution while the unwritten ones are known as non documentary
constitution.
Written documentary constitution is a constitution that exists in documents containing
the basic principles and rules specifying the rights and duties of citizens and, the
composition and respecting powers of institutions of government.
eeeee.
accessible
Unwritten constitution. In such kind of constitutions the fundamental principles and powers
of government are not written down in any single legal document. They also lack a single
document that specifies the rights and duties of citizens and the composition and
respective powers of institutions of government.
fffff.
are largely based on customs or usages.
ggggg.
are products of history, tradition and a result of evolution
Unwritten constitution is in general is a constitution which has grown up on the basis
of custom rather than written law. Israel and Great Britain are countries with unwritten
constitutions
Advantages of written constitution
- It is clear and definite
- It helps to secure rights and
the
liberties of the people
- more stable.

Disadvantage of written constitution

- Growth of country retarded. It is often
rigid, and unable to keep pace with
times
- Transient contemporaneity
- Not less controversial
- provides no better government

Advantages of unwritten constitution Disadvantage of unwritten constitution

- Elasticity and adaptability. They can - Unstable They are unstable and
Pace with the changing times
without any guarantee of solidity and
Prevents revolutions. They are capable
permanence
of being twisted to meet a baffling
- Playthings of judicial tribunals
crisis anytime
- Unsuitable to democracies
- Recover from shocks without injury

Flexible and Rigid Constitutions

The process of modification is called amendment.
A constitution may be regarded as flexible or rigid depending on the complexity of the
requirements stated in the provision for amendment procedures.

33

a) Flexible constitution is one, which can be easily changed by ordinary process

legislative action. Flexible constitutions have simpler requirements or procedures
for amendment
b) Rigid constitutions rigid constitutions provide a series of procedural requirements
for amendment. In the case of rigid constitutions, special procedures should be
followed to amend the constitution. In short such constitutions are some what
difficult to amend.
The followings are some amendment procedures
1. Absolute majority (2/3 vote) in parliament
2. Absolute majority in parliament + 2/3 support of regional legislatures for
Federal States
3. National referendum direct voting by citizens to support or reject a
constitutional amendment or major national issues.
The making of constitutions
Constitutions could be made in a number of ways. One of the ways is through a body called
constituent Assembly or a constitutional convention, whose members are representatives
delegated by the people, that may draft, discuss improve and adopt a constitution as the
supreme law of the land.
In a democratic country the process of making constitution involves
hhhhh.
Drafting discussion improving ratification (adoption)
iiiii. In Autocrats, monarchs and dictatorial rulers unilaterally draft and
introduce constitution without involving the public.
Chapter Five
Democracy
Democracy is a term derived from two Greek words Demos which means people and Kratia
which refers to authority or government.
Thus, the Greek word democratia means government of the people.
Giddings regards democracy as not merely a form of government, but also as a form of
state. F.G.Wilson refers to it also as a social philosophy.
According to Hearnshaw, a democratic state is a state in which the community as a whole
possesses supreme authority and maintains ultimate control over affairs. Democracy as a
form of state is merely a mode of appointing, controlling and dismissing a government.
Dicey defined democracy as a form of government in which the governing body is
comparatively a large fraction of the entire nation.
For Abraham Lincoln democracy is a government of the people, by the people for the
people, by all, for all.
According to Bryce democracy denotes that form of government in which the ruling power
of a state is legally vested, not in any particular class or classes, but in the members of the
community as a whole. This means, in communities which act by voting, that rule belongs to
the majority, as no other method has been found for determining peaceably and legally what
is to be deemed the will of a community which is not unanimous.
However, as F.G.Wilson points out, democracy is not the same in any two countries.
Different and widely varying governmental institutions have been used in national
development to assist in realizing the democratic form of government. True there are many
agreements of a fundamental character, but there are also fundamental difference.

34

Democracy is also defined as a system of government in which the supreme political power
resides in the people and power is exercised directly by the people or by their elected
representatives who are elected in a free electoral system.
Democracy - is also the institutionalization of freedom.
jjjjj.
a set of ideas and principles and a set of procedures and practices
about rights and freedoms.
Democracy - can also mean living and working together.
Democracy - is management of conflict as it is composed of values of tolerance,
cooperation, compromise, consensus, pragmatism (treating things in a sensible and realistic
way to produce results) compassion (civility for the sufferings of others) civility (polite
behavior) etc. these values are instruments to resolve differences peacefully. Therefore
democracy can be defined as peaceful resolution of differences.
Democracy is a form of government organized according to principles of
Popular sovereignty (ultimate decision making power of the people)
The rule of law
Separation of powers
Rights and freedoms of the individual as well as the group
Majority rule and minority rights
Multi party system
Free, fair and periodic elections.
Essentials of Democratic Government
Written constitution This is not to deny that under certain historical conditions, even an
unwritten constitution may serve the ends of democracy as it did in the United Kingdom.
Constitutionalism, which implies a government of laws and not of men.
Declaration of rights for the protection of personal liberties
Democratic governmental structure
Aspects of Democracy
Democracy has three aspects: Social, economic and political. Democracy remains
incomplete unless all these three aspects are present in a society
Social aspect this refers to removal of discrimination on the basis of class, caste,
creed, color and sex. All men and women, rich or poor, regardless of any class or
caste prejudices are socially equal, and should be treated as such
Economic aspect- this refers to the equitable distribution of wealth in society and
abolition of glorying disparities on the basis of wealth. Economic democracy
recognizes the right to work, leisure, and fair wages and unrestricted right to the
enjoyment of life.
Political aspects this refers to the provision of political rights namely, the right
to vote, the right to contest elections and the right to hold public offices.
In order to enable him to exercise these rights effectively, an individual has to be assured
freedom of speech, publication and association.
Types of Democracy
Historically, democracies have been Direct as well as Indirect (representative)
Direct Democracy this type of democracy existed in the Greek and Roman city states in
the ancient world. Now it has become a thing of the past. Direct
democracy can exist only in petty states inhabited by a few thousand
people who can easily meet at a place, deliberate and formulate policies
on the spot. In the modern age direct democracy survives in the
institutions of Referendum and Initiative.

35

Indirect (Representative) Democracy Modern states are huge in size and population.
Direct Democracy is therefore inconceivable. Instead, the people govern these states in
directly, through the popularly elected representatives. The will of states is formulated and
expressed not though the people directly but though their representatives in whom they
repose confidence. Such type of a democracy rests on the principle that though sovereignty
belongs to the people, it is their representatives who exercise it. The representatives are
elected periodically and are responsible to the people who can oust them at periodical
elections if they do not come up to their expectations. Hence, representatives govern the
people as their trustees. They have to be responsive to public opinion for the fear that they
may otherwise be deprived of a place in the legislature when next elections take place.
Representative (Indirect) Democracy is associated with two basic systems of government:
parliamentary and presidential democracy.

Parliamentary democracy: - parliament has a central role: the executive is

headed by a prime minister or a cabinet leader and is dependent on the
confidence of the parliament; the head of state usually has little or no
executive powers but only a representative function.
Presidential democracy the executive is headed by the head of state him/herself,
who is directly elected by the people and does not depend on the parliaments
confidence.

Hobbes, Locke, Jaferson, Tocqueville are some scholars who helped to crystallize
the concept of representative democracy or indirect democracy.

Tory democracy This philosophy largely associated with Disraeli and Randolph
Churchill was principally concerned with balancing the interests of the different
social classes, which had grown up as a result of the Industrial revolution. Full
scale popular democracy, while desirable in principle, would lead to social conflict,
argued the Tories.
Democratic elitism the advocates of this philosophy like Schumpeter claim that
the role of the people in political decision making is very limited . It is because the
majorities are with relatively little knowledge or understanding to become
continuously involved in complex political argument. Rather they observed the role is
reduced to being able to choose freely between different groups of politicians each
representing competing sets of policies.
Pluralist Democracy It refers to any scenario where a variety of beliefs, demands
and interests are permitted to flourish together.
Liberal Democracy All contemporary political systems, which can be described as
popular government, are to a greater or lesser extent, pluralist or elitist as
described above. Yet these definitions are not precise enough for the purpose of
categorizing regimes into more specific types. Perhaps a better description is
liberal democracy, the common title given those states, which broadly follow a
liberal tradition.
There are two essential prerequisites for maintaining that a system is liberal in nature.
These are the
Government is based on the free consent of the people
Government is responsible to the people
Merits and Demerits of Democracy

Merits
- It is an efficient form of government

Demerits
- Rule of ignorance (a sort of mob rule)

36

It upholds individual liberties

It assures equality
It educates the masses
It promotes patriotism
It ensures a stable form of government
Order and progress go together
It is a government by specialists and
Peoples representatives
- It serves as a school for citizenship

- It favors the rich

- Impedes scientific, artistic and literary
progress.
- Its ethical value questioned
- It is opposed to individuality and liberty
- Local interest obscure national interest
- an expensive form of government
- Democracy has ceased to be a government
by majority
- Representative principle in democracy
Questioned
- The principle of equality abused
- Democracy is becoming a process of false
Education
- It amounts to mob rule
- Encouragement of class struggle
- Evils of party politics ingrained in
Democracy.

Historical Development of Democracy

Democracy appeared and came to be practiced first in the Greek city-state of Athens in
the 6th and 5th centuries B.C. During the democratic period of Athens major decision were
made by simple majority of thousands of free male citizens. The Athenian democracy was
direct or pure democracy. The basis of Athenian democracy was that all free adult male
citizens were granted the right to attend a regular assembly where laws were enacted,
executive decisions made and general policy formulated. There was also the opportunity to
scrutinize and criticize those city officials who had also been elected by the popular
assembly. In order for this to take place the citizens had to be granted political equality,
which included the rich and the relatively poor together. Nevertheless, this political
equality or democracy did not include women, slaves children and aliens (foreigners).
The Athenian democracy contained several elements to which we can still relate today:
kkkkk.
popular participation in politics
lllll. political equality (at least for free male adults)
mmmmm. the notion that government should be responsible to the people
These three principles are all ones, which we in liberal democracies find both familiar and
desirable, but all Athens citizens were not happy of the system. Plato was one of these
Athenians who sharply condemned the democratic system. Plato began his criticism by
making clear that he did not believe that the masses of the people were wise or
knowledgeable enough to make important decisions. Plato preferred rule by a small group of
Oligarchy of wise, responsible (by implication also wealthy) rulers. His pupil, Aristotle, took
a similar view, but he was more particularly. Concerned that the people might not respect
the laws, which, they themselves had made. The fear was that, feeling free and selfresponsible, the people could make and unmake laws to suit themselves.
Following the decline of Greek classical civilization, democracy, in a limited form made a
brief reappearance in ancient Rome, but then largely disappeared to be replaced by absolute
monarchies.
The English civil war of the 1640s rose questions about what forms of political authority
could replace the rational or decline rule of the Stuart monarchy. The Levelers party

37

produced a document in 1647 entitled the Agreement of the People, which contained a
radical program for a representative democracy with most, though not all adults having
voting rights. But the Levelers were quickly defeated.
Following the Glorious Revolution in England of 1688, and the advent of truly parliamentary
government in England, the ground was more fertile for the seeds of democracy to be sown
again. The Whig philosopher John Locke expounded his theories of representative rule in his
work, Two Treatises of Government in 1689. The first principle for Locke was the
government must be based on the consent of the people. Therefore, government must be
set up by the people, by a free agreement among them. Secondly, Locke insisted that, once
set up, government should be continuously responsible to the people. Indeed he upheld the
right of people to depose a monarch if he behaved in a despotic manner. Thirdly, Locke
envisaged a representative assembly whose role would be to maintain control, on behalf of
the people. Nevertheless Locke was not that much different from Plato and Aristotle as he
did not believe that the un educated, un propertied mass of the people should be included in
the government he was dreaming. He believed that the interests of the masses could best
be understood by the more responsible middle classes.
Jean Jacques Rousseau the great philosopher of the 18th century France introduced serious
reservations over the growing enthusiasm for Lockes style of democracy. Rousseau wrote
against a background of French political philosophy which much admired the English system
of parliamentary government. For him, though the English were only free at election time,
between elections there was no guarantee that government would act in the interests of the
people Rousseaus starting point is that man has a right to freedom, but as soon as
government is set up over him he looses his freedom, hence his famous maxim, man is born
free but is everywhere in chains. To solve the problem government must be set up by the
people and come broadly under their control. However Rousseau recognized the dangers of
majority rule if decisions were to be based on popular vote. He argued that the will of the
majority is bound to conflict with the interest of the minority. Of course Rousseau pointed
out, if all men were truly enlightened and understood the interests of the whole community
as well as their own, the problem would not exist. Rousseau discusses the concept of general
will which seems to refer than simply the will of the majority based on a collection of self
interest. For Rousseau the general will could be achieved by appointing only a single
individual who is enlightened, perfectly moral. Rousseau has been seen as both a democrat
and supporter of so called benevolent despotism or enlightened dictatorship. Social contract
and Emile were Rousseaus famous works.
Thomas Paine and James Madison
These two men were the ones who inspired the Americans in their war of independence and
to form a democratic government in the post independence period. Their conceptions of
democratic principles were to be discovered in the American Declaration of independence of
1776 and the constitution, which was written in 1787.
Tom Paines famous work is entitled The Right of Man Tom Paine had almost socialist views
like those of the English Levelers. Tom Paine insisted that any government must be based on
the principle that all men are free and have rights which are inalienable, that is incapable of
being removed by government, however fairly elected it may be. Such ideas were added to
the American constitution of 1787 and form the first ten amendments known as the Bill of
Rights

38

James Madison was less radical but made an equally important contribution to the
development of democratic theory. His best known writings are contained in the Federalist
Papers, a serious of articles written at the time of the American revolution Madisons
concerns centered on two main problems.
1. How to stop an elected government becoming too dictatorial
2. He did not trust the judgment of the mass of the people like Plato. He believed that
they might elect leaders for the wrong reasons and having elected them, might
support them in oppressing minority interest. To do away with these problems he
proposed that government should contain, with in itself, checked and balances or
internal limitations to its own powers. He hoped to see a democracy work without
political parties at all, but this very soon proved to be impractical. Madison
introduced the notion of indirect democracy and self-limiting government.
Human Rights
Though there is widespread acceptance of the principles of Human rights, there is no
complete agreement on the nature of these rights and their substantive scope Human rights
are understood to represent individual and group demands for shaping and sharing of power,
wealth, enlightenment and other values (like respect and its constituent elements of
reciprocal tolerance, mutual clemency). Human rights include variety of legal and moral
values. Human rights are universal or general characters equally possessed by all human
beings.
Rights must be distinguished from powers. Nature has endowed every man with a certain
amount of power to satisfy his needs. Power in simply the physical force at the disposal of a
person. But on the basis of force, no system of rights can be established. Rights belong to
man as a social being. Rights are then the powers recognized as being socially necessary for
the individual. Some thinkers have talked of rights as being inherent. According to Locke,
natural rights existed in pre political stage of human existence. In fact, according to him,
the civil society was created partly to safeguard and preserve these rights.
Rights are something more than mere power or claim on the part of the individual. Not all
claims can be accepted by the society. Society is likely to recognize only such claims as it
considers necessary and reasonable. The individual enjoying rights must be willing to respect
similar rights of others. In short, rights and duties are correlated, or they are two sides of
the same coin. The state does not create rights. It only maintains them. Rights are definite.
Rights are secured to us by law, and vested in us by law. Rights have a tendency to grow.
Classification of Human Rights
The following reflects the ways of attaining rights.

Legal rights These are rights written down in codes of law. They are legally
permitted right; exercised by all. When these rights are violated the body whose
right (s) are violated is able to bring the case to court to safeguard his right (s).
Moral rights These are rights that emanate from the consensus of two or more
bodies. The basic principles of moral rights are justice and impartiality. Such rights
are related with religion and precepts. What is moral rights is still controversial.
The question of universalization and comprehensiveness of moral rights cannot be
assented (approved) by all.
Human rights These are natural rights. They do not emanate from government will
or from individual conventions. The following examples illustrate how human rights
are natural rights
The right to Education emanates from mans desire to know himself and the
environment.

39

The right to live emanates from the instinctive desire of man to live in life. To exist
man must get something to eat, get shelter and clothing, to get these necessities we
have to work, move from place to place; then comes the right to work, the right to
free movement etc. human rights are protections to which all human beings are
entitled because of their humanity and not because of their social status or
individual merits. Some of these rights are claimed and enjoyed without regard to
political order. The types of human rights, which are closely related with the actions
of governments, are civic liberties and civic rights.

Civic Liberties are constitutional protections of persons, opinions and property against
arbitrary interference by governments. Civic liberties include such protections as freedom
of speech, freedom of press, religious beliefs and freedom from arbitrary arrest and
punishment.
Civil Rights are legally guaranteed benefits provided by positive actions of governments.
Civil rights include such guarantees as education, protection against illness and starvation
and financial support at times of unemployment and old age.
Basic features of Human Rights
nnnnn.
Human rights are based on equality because human rights are
interconnected and based on human nature.
ooooo.
Human rights are unassailable. They can not be attacked during
promotion and protection
ppppp.
Human rights are eternal that is without beginning or end
qqqqq.
Human rights are irreducible
rrrrr.
Human rights are indisputable that is can not be challenged
sssss.
Human rights are not given by governments and are not also
inherited.

Historical Background of Human Rights

Human rights emerged to replace the phrase natural rights, which was intimately linked
with natural law. The concept human rights are modern arrival and are now used as an
everyday language.
The history of human rights is traced back to the classical civilization of the Greeks and
Romans. It was closely tied to the pre modern natural law doctrines of the Greeks like
stoicism.
Stoicism advocates that human conduct should be judged according to and brought into
harmony with the law of nature.
Like wise, the Roman law allowed the existence of natural law and law of nations. According
to the Romans it was natural law not the state that assures Roman citizenship.
During the middle ages, natural law doctrines were related to various political
theories about natural rights. Natural law mainly teaches about the duties of man
as distinct from the rights of man. The focus on duties rather than rights resulted
in the legality of slavery and serfdom, which excludes the important part of human
rights that is the ideas of liberty and equality.
In modern times there were factors that were responsible for the gradual shift
from natural laws as duties to natural laws as rights. These factors were:
a. Failure of rulers to meet their natural laws obligations. They teach the
people not to steal but they themselves steal public property.

40

b. The unprecedented commitment to individual expressions. The individual was

taken as precious value. The individual with all its duties and rights began to
be respected.
c. Some intellectual movements like the Renaissance which was revival of
interest and study about ancient ideas, thoughts, art etc and the 18 th
century intellectual movement in France called the Enlightenment also
contributed to the development of human rights.
Some other evidences of change in the transition towards maintaining natural law rights
were
ttttt.
Teachings of Thomas Aquinas (1224 1274)
uuuuu.

Hugo Groitus (1583 1645)

vvvvv.
The signing of Magna Carta in 1215
wwwww.
The English petition of Rights of 1628
xxxxx.
The English Bill of Rights of 1689
yyyyy.
The writings of the 17th century English philosopher John Locke and
the works of the 18th century philosophers like Montesquieu, Voltaire and
Rousseau.
Significant achievements in the development of human rights
In the history of human society, there were significant land marks in the evolutionary
development of human rights which were also very important to the development of
democracy
1. The 1215 Magna Carta
The Magna Carta guaranteed some rights and liberties to the English people as it
zzzzz.
Opposed taxation without representation
aaaaaa.
Forbade unlawful arrest
bbbbbb.
Called for trial by jury
2. The 1628 petitition of Rights The English parliament adopted the petition of
Rights in 1628. some of the contents of which were:cccccc.
the king may not levy taxes
dddddd.
the king may not imprison any person without charges or law
3. The 1688 Glorious Revolution in England resulted in the 1689 English Bill of rights.
The Bill of Rights prohibited the king from suspending laws, levy taxes,etc. the
parliament was granted freedom of speech, assembly etc. This revolutionary
agitation swept the west most notably North America and France.
4. The Virginia Bill of Rights of 1776. This Bill of rights contains the plain truth men
are created equal that they are endowed by their creator with certain inalienable
rights that among these are life, liberty and pursuit of happiness. Further the
Virginia Bill of Rights contains the following.
eeeeee.
Protection of the people from possible tyranny of government
ffffff.
Freedom of speech, press, peaceful assembly, to petition government
and imperial jury trial
gggggg.
Prohibition of excessive fines, cruel punishment, the forcing of
persons to witness against him/herself.
5. The 1789 French Declaration of the Rights of man and the citizen. The declaration
embodies the living principle men are born free and equal in rights The
declaration proclaims, The end of all political association is the preservation of the
natural; and non regulated rights of man. It identifies these rights as liberty,
property, security and resistance of oppression.

41

6. The establishment of the United Nations (UN) in 1945. in the treaty establishing
the UN, all member states pledged themselves to take joint and separate action for
the achievement of universal respect for and observance of human rights and
fundamental freedoms for all without distinction as to race, sex or religion
7. Universal Declaration of Human Rights of 10 December 1948. The development of
UDHR followed the end of the Second World War. The destruction and painful
consequences of the war contributed for the conception of UDHR. Nazy Germany
practiced genocide against the Jews. As a result 6 million Jews were killed for the
sole reason that they were Jews. Genocide is a planned killing people for what they
are.
Not only the Jews, but also many other peoples were also massacred including Ethiopians by
the Italian fascist.
A part from genocide and destruction of resources and wealth there were serious human
rights abuses during the Second World War (1939 1945). Many people were denied of
their fundamental rights including the right to life.
As response to what happened during the war, the nations and peoples of the world wrote
the universal Declaration of Human Rights. That was down with the hope that the human
Rights. That was done with the hope that the human right abuses that took place during the
Second World War would never happen again to human kind.
UDHR contained the basic hopes and wishes common to human beings. It was believed to be
a common standard to be achieved by all nations and peoples of the world. The UDHR
contains a preamble and 30 articles, which includes different types of rights that is civil,
political, social and cultural rights.
The general assembly of the United Nations adopted the UDHR on 10 December 1948. By
then the UN had 56 members. Among these, 48 nations including Ethiopia voted in favor
while 8 countries among them namely Yugoslavia, Czechoslovakia, Poland, Belarus and Ukraine
obtained.
Under UN chapter member states are expected to promote respect for human rights. The
UDHR has been important in that it has influenced the constitutions, laws, and court
decisions of many countries and international organizations since its development.
The General Assembly of the UN also adopted additional documents in 1966. This was done
to further strengthen the UDHR. These two international covenants were the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant of Economic,
Social and Cultural Rights (ICESCR).
The conventions address different types of issues like genocide, racial discrimination, and
discrimination against woman, torture and the rights of the child.
Many regional organizations and human rights institutions were also formed following the
war.
Europe The Council of Europe adopted the European convention on Human Rights in 1950.
The European convention created two organs
i. The European Commission on Human Rights
ii. European court of Human Rights
America The North, South and Central American countries also formed the second
regional organization for the protection of human rights. This organization was the
Organization of American states (OAS). The OAS was set up in 1948. The OAS adopted the
American Convention on Human Rights in 1969. This convention provides for two organs.

42

1. Inter American Commission on Human Right

2. Inter American court of Human Rights
Africa The organization of African Unity (OAU) was set up in 1963. in 1981 the OAU
adopted the African charter on human and peoples rights
Arab Countries - The League of the Arab states was founded in 1945 and has concern
about human right matters. It established an Arab commission on Human Rights. Another
related organization called the organization of the Islamic conference was also established
in 1971. The Organization of the Islamic Conference adopted the Cairo Declaration on
Human Rights in Islam in 1990.
Scope and content of Human Rights
Human rights are classified into three generations:
1. First Generation Rights - include civil and political rights liberty rights
2. second Generation rights are economic, social and cultural rights equality rights
3. third Generation rights Solidarity rights Fraternity Rights
Ethiopia has fully accepted the human rights provision of the UDHR of the 1948. The
present day constitution of Federal Democratic Republic of Ethiopia has incorporated the
fundamental and basic freedoms and rights that are found in the UDHR. Based on the
fundamental principle of the UDHR Ethiopias new constitution is made to suit the socio
economic, political and cultural realities of the Ethiopian societies. However, much should be
done for the effective application of these rights that are enshrined in our constitution. In
other words, even though human and democratic rights are provided in the constitution,
there are possibilities for the violation of these rights. Therefore, there must be a
mechanism of checking, monitoring and protecting the rights of citizens against abuses and
violations. That is, whenever abuses of rights of citizens happen, there is a need for an
institution or responsible body to detect the violations and work help maintain rights of
citizens. Citizens need to have institutions that they should appeal. Human Rights
Commission and the Ombudsman are such institutions that operate for the protection of
citizens against abuses and violations of their rights and for redressing wrong doings.
Article 55 sub Articles 14 and 15 of the constitution dictate the responsibility of the House
of Peoples Representatives called an International Conference that was held in Addis Ababa
from May 14 to 22 in 1998. The conference was very important in relation to getting
experience from other countries in terms of the Ethiopian realities.
The major objectives of these institutions are
hhhhhh.
To serving as public guardian for the growth of democracy and
proper application of rights, and standing for the fulfillment of human and
democratic rights in Ethiopia
iiiiii.
To protect Ethiopian citizens democratic and human rights as
enshrined in the constitution form any violations by societal forces including
government authorities, administrative personnel and community
jjjjjj.
To assist avoid injustice, misuse of governmental powers,
embezzlement and corrupt behaviors of some governmental officials.
After examining the cases, the Human rights commission and the Ombudsman may take the
cases to the concerned authorities. It is however, very important to note that neither
Human Rights Commission nor the Ombudsman can replace the Judiciary they serve as
bridges between the system of courts and the complaints of citizens to facilitate the
observance of citizens human and democratic rights.
The Rule of Law

43

The rule of law is a situation in which people including the government authorities are
bound by the law of a country. No one including rulers and top officials of government
can be above the law. All citizens respect the law and are governed by it. Democracy
cannot be imagined in the absence of the rule of law. The rule of law is important in
many ways.
1. It provides security: when there is the rule of law, the rights of individuals and
groups will be respected. No body has the right to go against the well being on
individuals and group of people. Besides their property will be protected.
2. It provides governing conducts: Where there is the rule of law, individuals and
groups of people would behave in accordance to the law.
3. It helps for the existence and protection of democratic and human rights. Where
there is the rule of law, democracy could be properly exercised.
On the other contrary, the absence of the rule of law would result in some problems.
a.
The relation between the people and the government would be unhealthy. A
government that ignores the rule of law would be unpopular
b. Where there is no the rule of law there is no justice. The absence of justice would
in turn result in instability
c. The people would not feel secure. This would inhibit peoples effort and
commitment in doing their day to day work
d. There will be corruption
The rule of law comprises political, constitutional, legal and human rights issues. Any
democratic society, which seeks to foster and promote human rights, has to recognize the
rule of law as a fundamental principle. Citizens are protected against arbitrary acts of
public authorities only if their rights are laid down in law. This law has to be publicly known,
equally applied and effectively enforce. It is thus evident that the execution of state power
must be based on laws that were made according to the constitution of the country, and
with the aim of safeguarding freedom, justice and legal certainty.
In 1993 the UN World Conference on Human Rights in Vienna reaffirmed the inseparable
link between the principle of the rule of law and the protection and promotion of human
rights.
The rule of law provides the foundation for the just management of relations between and
among people, thus fostering diversity. It is a pillar of the democratic process. The rule of
law also ensures the accountability of rulers and control by law over them.
Sources of the Rule of Law
There are certain sources of the rule of law
1. Constitution
2. Domestic laws These are specific laws. These domestic laws have great value in
maintaining the rule of law.
Domestic laws are of two types
i.
Civil law these are laws related to administrative
ii.
Criminal law this is a body of law that is related to criminal acts like theft,
corruption, killing etc.
iii.
International laws such laws regulate the relationship that exists between
countries of the world. This law helps countries to coexist peacefully and
cooperate in political and economic activities.
Historical Development of the rule of laws
The principle of the rule of law has its roots in medieval England. As early as 1066 a central
administration was established by William the conqueror. Although William embodied the
central governmental, legislative and judicial power, he himself did not stand above the law

44

it was the law that had made him king. Out of this understanding, the common law courts
and the parliament, together with the nobility, strengthened their influences in the national
system, building the first parliamentary monarchy in Europe. The cornerstones in the
development of the rule of law were the Magna Carta of 1215 and the Habeas corpus Act of
1679. This act gave people in custody the undeniable right to be informed why their liberty
was restricted. On the continent of Europe, the principle of the rule of law gained
importance against the background of civil revolutions throughout the seventeenth and
eighteenth century. Today the rule of law is a core principle of national and regional
institutions almost worldwide.
Fair Trial as a Core Element of the Rule of Law
The rule of law means, in the first place, the existence of publicly known and nondiscriminatory laws. Their mere existence however, is nothing without their effective
enforcement. Thus, the state has to establish institutions safeguarding the legal system,
including courts, prosecutors and police. These institutions are themselves bound by human
rights guarantees, as laid down in the Universal and regional treaties for the protection of
human rights. Such as the International Covenant on Civil and Political Rights (ICCPR). The
ICCPR makes a special reference to juveniles. It provides that in the case of juveniles, the
procedure shall take account of their age and the desirability of promoting their
rehabilitation. This means that states should draft legislation concerning relevant matters
such as the minimum age at which they may be charged with a criminal offence, the
maximum age at which a person is still considered to be a juvenile, the existence of special
courts and procedures, the laws governing procedures against juveniles and how all these
special arrangements for juveniles take account of the desirability of promoting their
rehabilitation.
Human security can not be realized without the rule of law and fair trial. The principles of
rule of law and fair trial contribute to ones security in personal life as it guarantees that
nobody is persecuted and arrested arbitrarily, that every one is entitled to a fair court
hearing and an independent and impartial judge. Fairness in court proceedings shall lead to
justice and the confidence of the citizens in a predictable jurisdiction. Moreover, a strong
judicial system helps to keep crime rates and corruption law, thus contributing to freedom
from fear.
With regard to economic confidence and development, too, investment security strongly
depends on a functioning administrative and judicial system. Hence, economic growth and
social welfare are also dependent on the rule of law and fair trial.
The right to a fair trial relates to the administration of justice both civil and criminal
contexts. The proper administration of justice has two aspects, the institutional (example
independence and impartiality of the tribunal) and the procedural (example fairness of the
hearing). Fair trial upholds a series of individual rights ensuring the proper administration
of justice from the moment of suspection to the execution of the sentence.
Equality Before the Law and Before the Court
The guarantee of equality is one of the general principles of the rule of law. It prohibits
discriminatory laws and includes the right to equal access to the courts and equal treatment
by the courts.
Its most important practical aspect is the equality of arms, comprising the idea that each
party to a proceeding should have an equal opportunity to present its case and that neither

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party should enjoy any substantial advantage over its opponents. The other aspect of equal
treatment by the courts is that every accused person is entitled to be treated equally with
similarly placed accused people, without discrimination on any grounds.
Independence and Impartiality
One of the basic elements of a functioning rule of law system is the role of independent and
impartial courts in the legal system. According to the principle of the division of powers, the
judicial power has to be completely separate from the legislative and executive powers.
The independence of judges is one of the pillars of an independent judiciary. If judges can
be removed at any time by government or other authorities, their institutional independence
is not secured. Furthermore, if either the courts or the judges themselves are under the
control or influence of non judicial entities, no fair trial can be ensured. Examples of such
control are: Conditions of payment of judges, the possibility for other branches of
government to issue instructions to courts, or threats of transfer to judges to other posts
should their decisions not conform to expectations or instructions.
Court decisions may not be changed by a non judicial authority, except in the case of
constitutionally recognized amnesties, usually granted by the Head of state.
Public Hearing
In order to foster confidence in administration of justice and ensure a fair hearing of the
parties, proceedings should be open to the general public. The principle of publicity must be
fully respected, unless there is a reason which allows the exclusion of the public. Even in
cases which required the exclusion of the public from trial, the judgment must be made
public.
Fair trial also includes the following:- Right to be presumed innocent everyone who has been charged with a criminal
offence has the right to be presumed innocent until and unless he/she is proven
guilty according to the law in a fair trial.
- Right to be tried without Undue Delay. The underlying principle of the rule is well
expressed in the phase: justice delayed is justice denied.
- Right to defend oneself in person or through legal counsel and the Right to be tried
in ones own presence.
The current constitution of Ethiopia which was brought into force on August 21, 1995 and
has eleven chapters and 106 articles has given full recognition to human and democratic
rights of the Ethiopian citizens. Article 10 of the constitution officially proclaims that
1. Human rights and freedoms, emanating from the nature of mankind are inviolable
and inviolable and inalienable.
2. Human and democratic rights of citizens and peoples shall be respected.
These fundamental rights including those of arrested and convicted Ethiopians are
recognized and legally accepted.
The constitution has also paved the ground for the rule of law to prevail in Ethiopia.
The constitution formed a limited government that is a government the power of which is
restricted by a constitution. So as to control the power of the government the principle of
separation of power is given due recognition by sharing power to the legislative, executive
and the judiciary.

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The constitution has established the principle of an independent judiciary. That is, the
activities of the courts are made to be free from various forms of interferences or
influences from the executive or legislative bodies or any other institutions. Article 79 of
the constitution proclaims
1. Judicial Powers, both at Federal and state level, are vested in the courts.
2. Courts of any level shall be free from any interferences of any governmental body,
government official or from any other source.
3. judges shall exercise their functions in full independence and shall be directed
solely by the law.
4. No judge shall be removed from his duties before he reaches the retirement age
determined by law except under the following conditions
a. When the judicial administration council decides to remove him for violation
of disciplinary rules or on grounds of gross incompetence or inefficiency; or
b. When the judicial administration council decides that a judge can no longer
carry out his responsibilities on account of illness; and
c. When the House of peoples representatives or the concerned state council
approves by a majority vote the decision of the judicial administration
council.
Types of pressure groups
There are two main types of pressure groups
1. Horizontal pressure groups This include peasant associations, religious
associations, labor and business associations, labor and business associations
2. vertical pressure groups This include local, regional, provincial, national and
international groups
pressure groups play important role in a countrys political process in legislative, executive,
judiciary and the bureaucracy of that country.
Roles of Political parties
-

Stabilizing the political process

Securing political power
Establishing link between the people and government
Source for obtaining leadership and leaders
Identifying and fulfilling social values and goals
Instruments for political modernization
Perform non political activities as well

Pressure Groups These are a collection of individuals who create some force for the
fulfillment of public interests. Members of pressure groups could simultaneously become
members of other similar groups.
Political parties are bodies of individuals united for promoting the national interest on
some particular principles in which they all have agreed political parties are
-

a group of men banded together to pursue certain principles

a group of men professing the same political doctrines
a plat form or machinery for taking part in the struggle for power, it is a device for
catching votes, it is an agency to mobilize peoples support at the time of election, it

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is an instrument for the aggregation of interest that demand their vociferous (noisy
and insistent) articulation
The aforementioned differences bear some essential ingredients
1. a group of persons that have commonality on matters pertaining to public
affairs
2. is an organization which struggles for power
3. constitutes members who could make concerted efforts to implement
their objectives

Types of political parties

1.

One party system This type of political party was established in 1917 in Russia by
Lenin. The Fascist party of Mussolini of 1925 and the National Socialist party of
Hitler in Germany are examples of one party system.
2. Bi party system this is a system where two parties in a country compete for power.
Example the conservative and labor party in England; the Democratic and Republican
party in the U.S.A
3. Multi party system it is a system in which many parties work together to form a
government.
Community Participation
Civic participation is important for the growth of a countrys economy and for the promotion
of the exercise of democracy
A. One of the community participation is that of Civic Societies. Civic societies are
voluntary organizations that are set up for humanitarian and other social activities;
other than profit making ones.
B. The other type of participation is participation in political activities. Political
parties operate in a country to seize political power and lead the country. Citizens
could join such political parties and actively participate in the politics of their
country.
C. The third type of participation is voting during elections. This type of participation
is believed to be fundamental because every other thing the country attempts to do
is dictated by the participation of its citizens in the elections
D. The participation of citizens in protests is considered as another vital type of
participation. Citizen could challenge or protest decisions, policies etc passed by
their governments peacefully through writing petitions, boycotting, demonstrations
etc.
E. Finally bobbing is another form of community participation. This is attempting to
make the government change its decision by discussing their cause with government
officials. Besides, protesting publicly, citizens could try to influence the
government about a decision made or a case that is for gotten.
Differences between political parties and pressure groups
A. A political part could have thousands or millions of people as members or followers
but a pressure group has very few members.

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B. A pressure group is interested in specific areas where as a political party bears the
aggregate of all interests
C. A political party functions openly but a pressure group functions in hide and seek

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