Professional Documents
Culture Documents
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City-states are a self-governing and self-contained urban center, usually surrounded by a small dependent
rural area. The typical city-state of antiquity was the Greek city, such as Athens, which had complete
political independence. Rome in its early days was a city-state. During the period from the fall of the
Roman Empire to the 19th century, many cities of northern Italy, such as Florence and Genoa, were city-
states. Several north German cities also functioned as city-states, of which Bremen and Hamburg retained
some independence well into the 19th century. As a separate and autonomous political unit, the city-state
cannot exist within an empire or a modern national state.
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to be a full member of a particular state, while the actual legal status of membership to a
state is called citizenship. Civics deals with the various aspects of social life of a citizen.
It studies everything about citizens.
Civics is also concerned with the intensive study and understanding of political
institutions such as law making institutions or legislatives (parliament), executive bodies,
and political institutions of various type 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. Furthermore, the oxford dictionary
defines civics as “a subject that studies the way government works and deals with the
rights and duties that individuals have as a citizen and members of the state”. In this
context civics could be considered as the science of comparative government and a
means of administering public trusts. This concept implies that civics is certainly part of
the study of politics. Therefore, it will be plausible to understand the concept of civics as
a subject that focuses on the functions of government and its means of administration.
Civics also entails values and important principles that serve as the foundation for
democratic form of government. These values include justice, honesty, self discipline,
equality, majority rule with respect to minority rights, and respect for the self and others.
Critical Thinking:
1. Why we study about the function of government and its means of administration?
This is because of the direct relationship between our rights and responsibilities and the
government’s duty to enforce this human necessity. Since the actions of government have
direct effect on the lives of citizens, members of that particular society must know the
privileges and obligations that they demand from the government. You may wonder what
the government is good for and its purpose? As an authority that rules a country, it is an
essential part of a nation. The government tends to provide stability, which makes many
things possible. It makes laws, provides services, and keeps order and solves
disagreements between individuals, groups, and nations. With the use of laws, the
government helps establish order and provides security for its citizens.
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Government is necessary to ensure the proper use of force. For this reason, it must
specify objective laws and to clarify the use of force, and it must have the ability to
enforce these laws. The purpose of government is to protect the individual rights of its
citizens. Since rights can be assaulted both within a country and outside of it; the
government must deal with either treat. This requires an army for defense of the country,
and a police system to protect the individual citizens from other individuals within the
country. Not only does the government make laws but it also makes sure that people obey
them. In addition to providing and enforcing the laws the government set up the armed
forces, police forces to protect its citizens. However, the question arises whether the
government has an absolute right to punish the dissenters? The widely accepted view is
that people should obey the government, at the same time, have a duty to disobey the
government under certain valid conditions.
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1.4 The Difference between Ethics and Morality
The terms ethics and morality are used in relation to beliefs about the right and wrong
behaviors or actions. The two terms, while referring to similar concept, differ slightly in
meaning and sometimes may used interchangeably or synonymously. Ethics is used as
just another word for “morality” and used to refer to the moral code or normative theory
of an individual or group and also the terms “moral” and “ethical” are often used
interchangeably as equivalent to the “right” or “good” and as opposed to “immoral” and
“unethical”. However, it does not necessarily mean that these two terms are equivalent
and can be used interchangeably. It is worth nothing that though people erroneously use
the term morality and ethics, interchangeably, however, the term morality and moral
refers to the conduct itself while ethics and ethical refer to the study of moral conduct
(morality) or the code that one follows.
Ethics refers to the philosophic study of morality, in which one relies on formal theory,
rules, principally of codes of conduct to determine the “right” course of action. In
contrast, morality describes ones personal commitment to value that is frequently
influenced by social norms and expectations. Moreover, Ethics is the more formal and
systematic study of moral beliefs, where as morality is the adherence to informal personal
values.
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♣ Values, respects, and defends basic human rights and privileges guaranteed by the
country’s constitution
♣ Respects and upholds the law and its various agencies
♣ Understand and accepts the principle of democracy
♣ Puts the general welfare above his own welfare
♣ Freely exercises his political or democratic rights
♣ Accepts his civic responsibilities and discharges them to the best of his capacity
♣ Realizes the necessary connection of education with democracy and so forth.
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international outlook. This outlook greatly helps to have the attitude of cooperation and
peaceful way of living.
Class Activity:
1. How do you describe a “good citizen”? What are the best qualities?
How do we acquire the knowledge and skill that enable to identify our rights and duties
as individual citizens? Where is the source of power that helps to ensure our rights?
Knowledge and skills can be gained through learning and experience while the power to
master our rights might be generated when we are organized and make institutions that
safeguard our interests.
As the roles of good citizens are multifaceted and many, there are minimum competences
that are required from them. These are civic Knowledge, civic skills and civic attitudes.
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1.6.2 Civic Attitudes/ Disposition
Another component, which is required from citizens, is what we call civic attitudes. Civic
attitudes involve those character traits, or dispositions which are engrained in the mind of
citizens. Civic attitudes or orientations will develop once citizens acquired civic
knowledge. In order to discharge ones responsibility, for example, community service,
citizens need to develop positive outlook and concern for the community. Altruistic
qualities are required to help the poor and vulnerable ones in the community.
Brainstorming:
1. Can you mention some of the civic attitudes required from good citizens?
i. Tolerance
The first and primary disposition that is required from good citizen is tolerance. Political
tolerance and cultural tolerance is critical to build up a democratic system in our country.
In democracy, peoples are allowed to hold and express their own political view. As result
of such freedom, different view are circulated and reflected in the society. That is the
beauty of democracy. Citizens will have options to choose in such political markets. In
order to ensure the freedom of expression and an assembly, the culture of tolerance is a
pillar. So, tolerance could be understood as citizens’ readiness and desire to
accommodate differences of religion, political views, ethnicity, etc. At societal level,
tolerance would mean, for instance, a peaceful co-existence of different cultural,
linguistic and religious communities. In Ethiopia where we have more than 80 linguistic
communities, tolerance is a critical virtue expected from each and every citizen. It would
include, then, accepting or recognizing, valuing or appreciating and respecting diversity.
Diversity is natural and normal; exists independently of the preferences of individual
citizen and citizens of a democratic nation are expected to recognize, appreciate and
respect it.
♣ Accepting diversity: it refers to recognizing the fact that Ethiopia is a diverse and
plural society having different cultural, linguistic, religious and social structures.
♣ Valuing diversity: implies that citizens need to appreciate diversity. It is natural
and hence need to be valued positively. It provides options for citizens, too.
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♣ Respect: diversity need to be respected. Respect is the key principle to live with
difference.
ii. Open-mindedness and Civic-mindedness
Another vital disposition of good citizen is open-mindedness. It implies citizens’
readiness to enter into a dialogue, listen others view and change positions consequently.
In dialogue the stronger idea wins! A related, but different disposition is what we call it
civic-mindedness. This implies citizens’ readiness to sacrifice their individual interests
and values for the sake of promoting the collective interest or the common good. It
involves the altruistic qualities of citizens. So, good citizens always stand for the public
interest and die for it!
iii. Loyalty
Loyalty is another element of civic dispositions. Loyalty involves things like keeping
promises or keeping ones words, keeping relationship, being faithful or trustworthy.
Loyalty is required at different capacity of citizen. For example, an office holder or
official is expected to be loyal to the people that voted for him/her. Similarly, the civil
servant is expected to serve the public loyally. In doing so, a public servant or employee
is expected to respect the rules and regulations of the employer.
In addition, good citizens are expected to govern their own behaviors without fear of
external actors. As the saying goes virtuous citizens’ act virtuously! Aristotelian notion
of virtue implies the ability to do the right thing at the right time in the right way for the
right purpose. Citizens are expected to act virtuously at any circumstance of life. We
know that a robber would act rightly in the presence of police. But we know that s/he
might do his/her business -robbery after the police leave the place.
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phenomenon and also very important for problem solving. The following can be listed in
this regard:
♣ To take part in political discussions, consciousness of current political issues, to
be able to evaluate a position or decision, to take a position or defend it
♣ To resolve conflicts in a peaceful way
♣ To interpret the media messages (interests and value systems that are involved
etc.)
♣ To have media skills to look, choose, and ‘use the buttons’
♣ To have language competence, reading and writing
♣ To be capable in critical handling of information and information technology
♣ To possess communication skills
♣ To know how to vote, to monitor and influence policies and decisions
♣ To use the media in an active way (not as consumer, but as producer of media
content)
♣ To participate in voluntary organizations
♣ To build coalitions, co-operate and interact
♣ To be capable to handle multiculturalism etc
Chapter Two
2.2. Society
Class Work
1. How do you define Society?
2. What are the conditions to be fulfilled to be called a society?
Society is usually defined as the interaction of human groups whose members live by
common rules of conduct. By rules of conduct is to mean not just enforceable commands,
but regular and predictable behavior. All human activities, such as marriage, work and
recreation are carried on within a frame work of such rules. Society exists when people
share so many rule of conduct that they are able to understand and predict one another’s
behavior. However, the mere existence of individuals can not regarded as society as there
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are certain condition for a grouping of individuals to have the virtue of society, such as
society individuals should live together for a long period of time, share certain common
goal, interest, value etc.
2.3. State
State is an institution through which the dynamics of politics is organized and formalized.
Regarding the nature of the state, sometimes it is considered as the expression of society,
at other times it has been excoriated as a vicious parasite riding on the shoulder of
society. Historically political thinkers attempted to discover the nature of the state and its
legitimacy.
The conceptions about the state show differences in the expression of political scientists,
political philosophers and lawyers. In addition, definitions of the state are almost as
numerous as the authors who wrote about it. Scholars remarked the difference where
historians may regard the state as a concrete reality, philosophers may regard it as an
abstraction and lawyers regard it as a juristic person of formulating a single definition
that would fit variety of state existence. The following are some of the conceptions about
what the state is. The state to some is;
♣ A tiny republic
♣ A great federal union
♣ A state which is simple government structure
♣ One with a huge bureaucracy
♣ That barely maintains internal order or a police state
♣ A body whose foreign policies are swaged (maintained) by powerful neighbors
♣ A body that is greatest in world diplomacy
The concept of state is central to traditional approaches in political science. Different
scholars have various conceptions about the state. There were numerous philosophical
explanations about the state.
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A state is the fundamental association for the maintenance and development of
social order, and to this end, its central institution is endowed with the united
power of the community.
The state is the institution or sets of institutions, which serve certain elementary
common purpose and conditions of life.
Another question that arises at this stage is whether the population of a state should be
homogenous or not. It is good that the population of a state is homogenous, because it
makes the task of national integration easy. However, in a multi-cultural state, societies
have a population marked by diversity in respects of race, religion, language, culture etc.
iii. Government
Government is the soul and brain of the state. It implements the will of the community. It
protects the people against conditions of insecurity. If state is regarded as the first
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condition of a civilized life, it is due to the existence of a government that maintains law
and order and makes ‘good life’ possible. The government is the machinery that
terminates the condition of anarchy. Government is the administrative wing of the state.
iv. Sovereignty
Sovereignty is power over the people of an area unrestrained (unfettered) by laws
originating outside the area or independence and completely free of direct external
control. It means the state is the final and ultimate source of all laws with its territorial
jurisdiction.
As already pointed out, sovereignty is the attribute of a state. It is a creation of modern
times. It is that highest power of the state that distinguishes it from all other associations
of human beings. It has two aspects: internal and external.
1. Internal sovereignty: refers to a state’s government not those of any other states
deciding how it will manage its domestic affairs, problems, and formulates its
own laws and rules. In other words, it means that inside the state there can be no
other authority that may claim equality with it.
2. External sovereignty: In the external sphere, it implies that the country should be
free from foreign control of any kind and its right to define its interests and
decides what its objectives are to be, the priorities among these objectives. It is,
however, a different matter that a state willingly accepts some international
obligations in the form of membership of the League of Nations or of the United
Nations. The existence of sovereign authority appears in the form of law. It is for
this reason that the law of the state is binding on all and its violation is visited
with suitable punishment.
It is universally admitted that a sovereign state is legally competent to issue any
command, which is binding on all citizens and their association.
v. Recognition
For a political unit to be accepted as a state with an “international personality” of its own,
it must be recognized as such by a significant portion of the international community.
It follows that a state, has five essential elements. As such, a proper definition of this
term should include its physical and spiritual elements. It is also required that all the five
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elements should be studied in the order given above. Therefore, the most appropriate
definition of the state is that state is a community of persons more or less numerous,
permanently occupying a definite portion of territory, independent or nearly so of
external control, and possessing an organized government to which the great body of
inhabitants render habitual obedience.
That is, it is of God’s will that in human society some are born to rule while other are
born to be ruled. Furthermore, the theory asserts that the social order, in which the
position of the individual is determined hierarchically on the basis of birth or hereditary
succession was God given and thus it is legitimate and unchangeable. This theory served
as justification for the power of the feudal emperor’s of Europe during the middle ages
and in other areas where feudalism predominated. This theory however, neglects the
historical fact that the reality of politics and state structure are not only the results of
everyday human interactions and relations but also highly dynamic. As a result, this
theory has lost its significance in modern times. With the advancement of education the
people have discarded the theory and adapt others.
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descendents of one family, the children and the children’s for which reason states were
originally governed by kings,… and when many villages so entirely join themselves
together as in every respect to form but one society, that society is state. Certain it is that
family is the first unit of social development. Historians of ancient law and early
institutions have sought to study the subject of family, its composition, residence of
authority in the family and its growth in to the clan or tribe and eventually into the state.
If viewed from the stand point of sociology, the genetic theory on the origin of state
makes sense. It is not hypothetical like the theory of divine right. But the point of
criticism is that it stands on social rather than political hypothesis. The whole attempt is
to demonstrate the process- first of household, and then elder male ruled family, then a
tribe of persons of this family descent and finally the state.
Hence, by this theory the state is primarily seen as an entity created by the use of physical
force. In other words, the state is created through a process of conquest and coercion of
the weak by the strong. Hence military power and physical strength of a society is
considered as to be of great importance for the creation and consolidation of the state.
The force theory has its own weakness. Force may be one of the factors but it cannot be
treated as the only factor in the origin of state, military power and physical force alone
cannot explain the complex phenomenon of political systems for mere force cannot
maintain lasting relations between the rulers and the ruled.
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iv. The social contract/Consent Theory
The social contract theory holds that the state is an artificial creation based on voluntary
agreement or contract among people. The theory was originated and developed in the
16th, 17th, and 18th centuries. Its starting point is a hypothetical “State of nature” or a
condition that prevailed before the creation of the state. According to Thomas Hobbes,
one of the advocators of this theory, the state of nature was a very horrible condition in
which man was the enemy of man. Man being a selfish, egoistic, brutal and aggressive
creature is free to defend himself either by running away from the scene or by killing his
enemy singly or in group with others. There was nothing like peace, security, order,
property, justice etc and anything what we find now in a state. There is all but fear and
danger of a violent death in the state of nature. The “law of nature” (commonsense)
informs man to be in competition with others and so invade others for some gain and
other evil things. In short, life of man was solitary, nasty, poor, brutish and short. So to
terminate the state of nature, contract is made by the people. Hobbes argue, law of nature
informs the people to surrender their all natural rights in favor of a man (assembly of
man) as the price for living in an institution that ensures them liberty, property, and the
entire of a good life. By such contract society, state and government came in to being: a
‘common power’ is instituted that would keep all in awe and ensure security of their life
and possessions. It shows that each individual agreed with all the others to surrender his
right to govern himself, to some particular man or assembly. By doing this they
established the state. Social contract in this way is the instrument that substitutes the state
of nature with a civil (political) society.
In sharp contrast to the divine right theory, it developed its argument from the doctrine of
popular sovereignty. Thus, according to this theory, since the state is established by the
consent of the people, its main purpose is to protect and safeguard people’s inalienable
rights such as the right to life, liberty and property.
The social contract theory was further developed in the age of revolution in the fight
against the rule of absolute monarchies. This theory advocated popular sovereignty,
limited government and individual rights. However, this theory gives priority to the
individual over society. The main problem of this theory is, therefore, that it is difficult to
reconcile the contradiction on between its individualistic premises as the individual is
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born in to society and is indefinitely tied to it in many ways. With its limitations in its
premise, however, this theory is currently operational in international politics. The major
exponents of the social contract theory were the British political thinkers Thomas
Hobbes (1588- 1679) and John Locke (1632-1704), and the French thinker Jean
Jacques Rousseau (1712- 1778).
The essence of the whole argument is that the state had not always existed and it may not
always exist. It had come into being with the rise of class contradictions, so it will wither
away (die out) with the end of class antagonisms. Thus, the proponents of the Marxist
theory believe that with the historical process of disappearance of private property and
antagonistic social classes, the state will be disappeared. Consequently, communism an
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envisioned social system, where everybody will be equal and all have whatever they
want, would prevail. Although its proponents and followers struggled to realize the
visions of communism for almost two centuries neither equality for all nor fulfillment of
wants has been materialized.
As state is a result of a very long process of evolution, there are factors that have played
their part in its gradual development.
All the aforementioned theories depict that explanations about the origin of the state vary
greatly among different people in different times. However, as the result of accumulated
knowledge and culture in politics, nowadays, there is a widely held consensus about the
practice and idea of the modern state. The consensus is on the fact that the idea of modern
state is a typical 17th century European creation. This period saw the break up and
disintegration of the medieval European Christendom and the emergence of secular and
sovereign political units in the form of modern state.
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exclusively under control. In a unitary state, sub national bodies may be potentially over
ruled by the central government in any political decision they make.
In unitary government, there is only one source of authority whatever local territorial
units exist. Local units are merely agencies of the central government established for its
convenience in local administration. They owe their legal existence to it (their power is
increased or diminished or their legal existence ended). E.g. Britain, the Netherlands,
Romania, Poland etc.
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Topography of the country
Population settlement
People's history, language, culture and psychological make-up etc.
A majority of states in the world are unitary systems. But there are great differences
among these unitary states in the institutions and procedures through which their central
government interact with their territorial subunits. Unitary government does not
necessarily mean highly centralized government. Sub-national units can be granted some
kind of autonomy by national government, which has the legal authority to take it back at
any time it wishes. The degree of local autonomy varies from state to state; for example:
in Britain (United Kingdom) the statutes of parliament (laws made by the parliament)
have created local governments so that local people may manage their local affairs. The
actions of local councils are not interfered unless they overstep the legal boundary. In
France, on the other hand, council of departments and communes are subject to constant
detailed supervision by central authority.
Despite the difference on the nature of center-local units relations in general terms,
Unitarism does not mean under-participation of the people in the governance of their
country. But there are possibilities of the people to take part in the government through:
Federalism is the basis of the political organization of several states of today. It may vary
from place to place and from time to time. The indispensable quality of the federal state
is a distribution of the powers of government between the federal authority and the
federating units. The federal type of constitution has been adopted and is being adopted
by a number of nations in Africa, Asia and Latin America as a response to their often
widely diversified linguistic, territorial and political traditions, e.g. Ethiopia, Nigeria,
India, Brazil, USA, Canada, Australia, and Germany etc.
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Federal authority and federal units have constitution of their own. Though federal
units have their own local constitutions, they are accountable to the federal
constitution. The federal constitution contains articles that stipulate (specify) about
power sharing (distribution), rights and duties of the federal authority and units etc.
♣ Equal power shared by the federal authority and federal units/decentralized
federalism. This does not mean they have equal power in one affair, rather the
reserve powers (power applied when required but reserve until then) and federal
powers are seen equally.
♣ Absence of re-centralization of powers and authority by the central/federal
government at its will or unilaterally.
♣ Absence of amending the constitution or some of its provisions by federal
government unilaterally. Hence, it needs the consent or agreement of the sub
national/regional governments for amending the federal constitution.
♣ Constitutional arbiter: The formal provisions of the constitution are interpreted by a
supreme court (the judiciary) at the federal level, which there by arbitrates in case of
conflict (disputes) between federal and regional government. In determining, the
respective fields of jurisdiction of each level, the judiciary in a federal level (system)
is able to determine. However, in Ethiopia, it is the House of Federation (HF) that is
lodged with the highest power of interpreting the FDRE constitution.
♣ Linking institutions: In order to foster or develop cooperation, partnership and
understandings between the federal and regional (sub-national) governments, the
regional (sub-national) governments must be given representation through a bi-
cameral legislature.
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Potential advantages/merits of federalism:
It is essential to large states
Combines national unity and local autonomy and the rights of self-
government. In modern political theory and practice, the federal idea is
normally linked with democratic institution and the protection of the
individual and minority groups.
Maintains balance between centrifugal (unifying) and centripetal
(integrating) forces in a sate.
It stimulates interest in government by leaving the determination of local
policy in the hands of local officers and assemblies who are responsible to
local electorate.
It relives the central legislature and authorities from the necessity of devoting
time and energy to the solution of local problems.
Potential disadvantages/demerits:
There is duplication of activities and services, which results in expense. It is
not always easy to deal with a specific situation.
The division of power between the federal units may lead to conflicts of
jurisdiction between national and local officials or a sort of 'no Man's Land"
in which neither authority takes decisive action.
2.7 Government
Government is the central agency or complex totality of interrelated
organizations exercising over all control over a society of a territorially delimited
sub divisions of a society. As such, government is the most essential component
and administrative wing of the state.
Government refers to some particular set of institutions and organs that make
laws (the legislative body), implements public policies (executive body) and law
interpreting body (the judiciary body). As such, a government is a group of people
within the state who have the ultimate authority to act on behalf of the state
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Government refers to the institutional processes through which collective and
usually binding laws and decisions are made through its various branches of
organs.
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natural resources, developing water supply, electricity, telecommunication, etc to
the public.
Accordingly, all modern states are divided on territorial basis vertically between
central/national and periphery (regional, provincial or local) institutions. The nature of
such divisions varies enormously, however. These differences include the constitutional
framework within which center-periphery relationships are conducted; the division of
functions and responsibilities between the levels of government; that means by which
their personnel’s are appointed and recruited, the political, economic, administrative and
other powers that the center can use to control the periphery, and the independence that
peripheral bodies enjoy. On the same vein, governments are also divided horizontally
among the legislative, executive and judiciary organs.
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government that situated at the top of the governmental structure of any state.
Thus, the central/national government is the level of government that is
responsible to enable the state to function as an actor on the international or world
state. It would possesses the machinery for entering into strategic alliance,
negotiating trade agreements, gaining representation at international summit
meetings, or becoming a member of supranational bodies. That is why the central
government is invariably responsible for a state’s external relations, as
demonstrated by this control of the foreign, diplomatic and defense policy.
Moreover, some form of central government is necessary to mediate between sub
national bodies to ensure cooperation in areas of mutual interest.
In this sense, there are some powerful reasons that strengthen the existence of central
government at the expense of sub-national institutions/bodies. Among other things, the
following includes the main arguments:
National Unity: Central government alone articulates the interests of the whole
rather than the various parts. That is, the interest of the nation rather than those of
sectional, ethnic, or regional sub-groups. A strong centre ensures that the
government addresses the common interest of the entire community.
Uniformity: Central government alone can establish uniform laws and public
services that help people to move more easily from one part of country to another.
Equality: Only the central government can rectify inequalities that arise from the
fact that the areas with the greatest social needs are invariably those with the least
potential for raising revenue.
Prosperity: Economic development centralization invariably goes hand in hand.
Only central government, for instance, can manage a single currency, control tax,
and spending policies with a view to ensuring sustainable growth, and if
necessary provide an infrastructure in the form of roads, railways, air ports and so
on.
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power, thereby creating a network of checks and balances, i.e. sub-national bodies
check central government as well as each other.
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government and help to uphold the regime, enforce government to respond to public
demands and anxieties. Among many others, the principal functions of the legislative
branch include:
♣ Statue making/legislation. Every legislative has the power to make statues. The
concept of statues making is more accurate to describe what the legislature
actually does the law making.
♣ Representation of citizenry: Assemblies /Parliaments play an important
representative role in providing a link between government and the people. Thus,
the people (the governed) are usually represented in the legislative branch of
government.
♣ Control of administration: The legislative body plays pivotal role in supervising
the executive who is supposed to administer by implementing the laws and
decisions passed by the legislative. That is, the legislative body plays great role in
scrutinizing and over sighting meaning that assemblies /the legislative body has
the power to be scrutinizing body, to check and balance the executive body and to
deliver responsible or accountable government.
♣ Constitutional making/ amending: The legislative body of the government can
play or have the function of constitutional making/amending. But, how to
undertake the constitutional making /amending may vary from country to country
having various state structures. For example, in a federal form of state structure,
the constitutional amending or modification is usually carried by a joint
agreement between the federal and regional /state government by following a
certain set of procedures.
♣ Electoral and deposing functions: The legislative body plays the function of
electing the Prime minister in a parliamentary form of government. In addition
they also play voting on motion of “no confidence” to reelect and defeat the
incumbent prime minister, etc. Added to this is that, in a presidential system, the
legislative body plays the role of removal the president by the principle of
impeachment.
♣ Financial functions: The legislative body holds the “power of the purse”, i.e., to
determine the nature and amount of taxes and appropriations. It also plays the role
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budget approval presented by, for example each ministry. Moreover, government
can legally spend only funds appropriated or approved by it. Therefore, it has the
executives and others.
♣ Investigative functions: Most often, legislatives through established “selective
committees” are engaged in digging up information it desires on maters not
covered by its “legal standing committee.” For example, in Ethiopia, the
legislative body (the parliament) plays this role by establishing “commission of
inquiry” to investigate to any information and evidences. In this regard, a
“commission of Inquiry” played, for example, to investigate and digging out the
causes, the profile and the consequences of the Gambela conflict that had
happened in 1996 E.C
Hierarchically the executive is, commonly, categorized into two, the chief executive and
executive. The chief executive refers to the one individual or small group (such as a
president, prime minister, or ruling junta) at the apex of the executive structure of the
political system. The executive is much broader term, including all the people and
organizational machinery that are below the chief executive in the executive structure.
Thus, broadly the concept executive encompasses upper and middle-level decision
makers in all the departments, agencies, or other administrative units that are in the chief
executive’s chain of command.
The distinction between political and bureaucratic or official posts is most clear in the
case of parliamentary executive, where differences in recruitment, responsibility, status
and political orientation can be identified. In parliamentary system, the political executive
comprises elected politicians and ministers drawn from and accountable to the assembly:
their job is to make policy, in accordance with the political and ideological priorities of
their party, and to oversee its implementation. The bureaucratic executive, on the other
hand, comprises appointed and professional civil servants whose job is to offer advice
and administer policy, and generally subject to the requirements of political neutrality
and loyalty to, their ministers.
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proper punishment for law-breakers, in turn maintaining peace and good government in
the country. Hence, these roles extend over a variety of areas and this means that the
members of the executive have to carry out several powers and functions.
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responsibilities. In this sense, the chief executive, ministries, and secretaries
constitute a “top management” charged with twining the machinery of government.
♣ Crisis leadership: A crucial power that the political executive has over the assembly/
parliament is its ability to take swift and decisive action when crises break out in
either domestic or international politics is invariably the executive that responds, by
virtue of its hierarchical structure and the scope it provides for personal leadership.
♣ Adjudication: the first and for most function of the judge is to administer justice.
They hear and decide cases, such as civil, criminal and constitutional, in the light
of the argument given by the concerned parties. To a large extent, the courts are
regarded as the defender of the rights and liberties of the people. In states having
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written constitutions, courts are also entrusted with power of interpreting the
fundamental law the land/country, that is, the constitution.
♣ Formulating case law: Case law is developed where judges must decide how a
law, whether common or statute, should apply in a particular case. This kind of
law is often referred to as judge-made law because the interpretation is made by
the judge in each case and becomes binding on all other courts.
♣ Protection of individual rights: The judiciary body has great role in protecting
the constitutionally guaranteed rights of individuals mainly through the process of
due process of law. For example the judiciary plays a great role in the protection
against unreasonable or arbitrary laws and procedures by the government and its
institutions at any level.
♣ Guardian of the constitution: in most federal systems, the court acts as the
guardian of the constitution and an umpire between the central and regional
governments. All constitutional disputes among the regional states or between the
regional states and central/federal governments are settled by the highest court of
the country. However, there are differences among federal states in empowering
the power to interpret the federal constitution. For example in Ethiopia it is not
the federal Supreme Court, but house of federation that has the power to interpret
the FDRE constitution.
♣ Judicial Review: another significant function of the courts, particularly of the
high and supreme courts, is to look in to constitutional validity of the legislative
measure or executive action, and then declare it unsound and void to the extent of
its being against to the fundamental law of the land. This is known as power of
judicial review. That is, the power of the judiciary to review the laws, decrees,
and actions of other branches of government, and to declare them invalid.
2.10 Forms of Government
i. Monarchy
It is the oldest form of government in which the ruling power invested in a single person
who weak crown. In its widest sense, “any government in which the supreme and final
authority is in the hands of a single person is a monarchy. There are two types of
monarchy.
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A. Traditional monarchy: the king or the queen maintain his/her position by claim
of legitimate blood decent than their appeal as popular leaders, for example,
Hohenzollerns in Germany, Hapsburgs in Austro-Hungary, Romania, in Russia,
Solomonic in Ethiopia.etc.
B. Constitutional Monarchy: The king or the queen is ceremonial head of the state,
an indispensable figure in all great official occasions and a symbol of national
unity and authority of the state but lacking real power e.g. Britain, Japan …etc.
ii. Dictatorship/Monocracy
The existence of dictatorship has its proof in the position of a person who holds extra
constitutional powers and identifies himself with the state. He is the head of the state, of
the government, of the party kind of opposition to his power invites mutilation. It means
absolute rule of a single person who occupies his position by means of force and as such is
not accountable to any popular institution.
iii. Oligarchy/Aristocracy
It is rule by few. Many of the classical conditions of oligarchic rule were found until
recently in those part of Asia in which governing elites were recruited exclusively from a
ruling caste a hereditary social groupings set apart from the rest of society by religion,
kinship, economic status, prestige and language. In contemporary world, in some counties
that have not experienced the full impact of industrialization, governing elites are still
often recruited from a ruling class (a stratum of society that monopolizes the main social
and economic function in the system). Such elites exercise their power in the interest of
the ruling class.
i. Constitutional Government
It is defined by the existence of a constitution that effectively controls the exercise of
political power.
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executive structures: that is, the relationship between the legislative and executive. The
taxonomy in this context emphasizes the two most common patterns through which the
executive and the legislative structures interact to perform the functions of rule making
and rule application. In the contemporary world, though there are various systems of
government based on their characteristics, the most common systems of government are:
1. Parliamentary Systems of Government
2. Presidential Systems of Government
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♣ The cabinet (council of ministers) retains executive power only as long as it has
the “confidence” of the parliament; that is, only as long as majority vote in the
parliament may unseat a cabinet. This is referred to as the “ Government falling”
♣ The government can, in most cases, dissolve the parliament, meaning that
electoral terms are usually flexible within a maximum limit. As such, just as the
parliament holds the cabinet (council of ministers) in jeopardy, the reader of the
cabinet (usually the PM) has the right to have the parliament disbanded, with the
consent of the majority members of the parliament.
♣ As the head of the government is the Prime Minister, there is a separate head of
the state, i.e., the constitutional monarch or non- executive president. In Ethiopia
case, the head of the state is the president, who is non-political executive who
cannot be a member of any political party. He/she is the figurehead of the state.
♣ The PM (Prime Minister), who is the head of the government, retains office only
as long as he/she can command majority support in parliament. If an issue is made
the basis for a vote of “no confidence” in the legislative and results in a vote for
of no confidence, the PM must resign because the parliament has the ultimate
power; the ability to remove.
♣ Electoral Terms of the PM is not fixed.
Generally, this system of government has its best feature in the rule of a body of
ministers (the cabinet) accountable to the parliament directly, and through it, indirectly to
accountable to the electorate/ the people.
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♣ The president can neither “dissolve” the legislative nor be dismissed by the
Congress /Assembly except possibly through “impeachment”. The process of
impeachment is provided to remove the president in case he held guilty of
violating the Oath of office. The president is under an oath that he will defend and
protect the constitution of the state. In case he does otherwise, the process of
impeachment may be cause to remove him from office. Usually the power of
impeachment is given to the legislative.
Chapter Three
3.1. Understanding Citizenship
Introduction
Dear Students! Welcome to the third chapter of this module. Citizenship is a
relationship between an individual and a state, defined by the law of that state, with
corresponding duties and rights in that state. Nationality, although often synonymous
with citizenship, includes the relationship of an individual to a state but suggests other
privileges, especially protection aboard.
Citizenship is full membership in a state or in some other unit of government. Almost all
people have citizenship in at least one country. Not all the people in a nation are citizens
of that country. For example, many countries have non-citizen nationals. The word
national is often used as another word for citizen. In some cases, however, national
means a person who owes loyalty to a country but lacks full membership in it. Non-
citizen nationals of the United States include the people of American Samoa, a group of
pacific islands controlled by the United States. The people of American Samoa have the
protection of the U.S government but lack some of the special rights of citizens. People
who are neither citizens nor non-citizen nationals of a country are aliens there. Most
aliens are citizens or non-citizen nationals of one country who are traveling or living in
another. Many aliens have a permit called a Visa allowing them to visit or live where they
do not citizenship. Illegal aliens are non-citizens living in a country without proper
papers.
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3.2. Ways of Acquiring and Loosing Citizenship (Emphasis on Ethiopia)
Nations have various laws that govern the granting of citizenship. People become citizens
in two ways.
1. By Birth, and
2. By Law (naturalization)
3.2.1. By Birth
Most people become citizens of a country simply by being born there. Individuals acquire
citizenship by birth in two ways, i.e. via right of soil (jus Soli) and right of blood (jus
Sanguinis).
The right to citizenship in the country of one’s birth is called jus soli pronounced juhs
SoHly, a Latin phrase that means right of soil. The laws of most nations, including
Canada, the United Kingdom, and the United States, grant citizenship based on jus soli.
However, some nations limit jus soli to children whose parents already have citizenship
in that nation. Some nations also deny jus soli to certain groups of persons. This law of
soil does not allow the children of diplomats to get citizenship. The diplomats are
foreigners who represent the countries they come from. As agents for their countries,
these diplomats have diplomatic privileges and immunities. There are two types of
immunities:
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considered as the soil and property of the government of America. This, thus,
implies that the American diplomats work in the soil of America, not in the soil of
Ethiopia. Children who were born from such diplomats are considered to have
been born in the soil of America and therefore they are not guaranteed citizenship
of the host country, Ethiopia. This could hold true even when the spouse where in
transit to the host country from another third state. This, thus, means that the
diplomat of America could not be governed by the law of Ethiopia but by the law
of their country, America.
It was internationally agreed that diplomats should enjoy such status and privileges so
that the diplomats could perform their duties with no imposition or hindrance from the
authorities or individuals of the host state. Thus, we say diplomats are privileged or
immune personnel.
Diplomats have many functions to perform. One of their functions is to negotiate with the
receiving state on matters related to political, economical, social, etc affairs representing
the state of their own country. The other function of diplomats is to work as
representatives of the state of their country on various occasions that require
representation of the sender state. They could also gather information related with their
work and report to the state of their country. This information should be of economic,
political, and social aspects. The intention is to create better relations between the two
states. However, a diplomat is not a spy. Moreover, a diplomat has the function of
protecting the rights and properties of fellow citizens s/he is expected to help them when
they are in trouble in the country in which s/he is diplomat. Thus, we say a diplomat is a
“trouble shooter” or “problem solver”. Finally, a diplomat tries to establish good relations
between the state of his/her country and the host country. This could be done by
participating in seminars, conferences, and ceremonies to be held in the host country.
Some countries use another rule of citizenship instead of jus soli or in addition to it. This
rule provides that the citizenship of children is determined by the nationality of their
parents, no matter where the children are born. The right to citizenship in the country of
one’s parents is called jus Sanguinis (pronounced juhs SANGWOH nohs). The phrase is a
Latin term that means right of blood. Ethiopia, Canada, France, the United States, and a
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number of other nations grant jus Sanguinis to children born abroad if one or both parents
are citizens.
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Nationality proclamation of 2003 article 5, the following are the requirements
(Refer to the annexed Ethiopian Nationality proclamation of 2003, article 5).
D. Reintegration/ Restoration: A person who has lost his/her citizenship due to some
reasons may get it back if he/she fulfills some conditions as laid down by the laws of the
state. According to the Ethiopian Nationality proclamation article 22, a person who was
an Ethiopian national and who has acquired foreign nationality by law shall be readmitted
to Ethiopian nationality if he/she:
i. Returns to domicile in Ethiopia
ii. Renounces his foreign nationality; and
iii. Applies to the security, Immigration and Refugee Affairs Authority
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contribution in the interest of Ethiopia may be conferred with Ethiopian Nationality by
law irrespective of the conditions stated under sub-articles (2) and (3) of Article 5 of the
proclamation. That is, he/she is not required to live in Ethiopia for a total of four years
and may lack the ability to communicate in any of the languages of the country.
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have U.S. citizenship by jus soli. The baby also would have French citizenship by jus
Sanguinis. People whose parents are citizens of two countries might have dual nationality
by jus Sanguinis.
Some people have dual citizenship as a result of naturalization e.g. a nation might allow
its naturalized citizens to keep their original citizenship. Such persons could claim
citizenship in two countries. Or, a nation might refuse to allow its people to give up their
citizenship. People who declared that they no longer were citizens of such a country and
became naturalized in another still would be claimed as citizens by the original nation.
Stateless persons have no government from which to ask protection. So, there is an
international concern over the case of stateless persons. To settle such conditions, the
United Nations has adopted a convention on the protection and reduction of stateless
persons. States are expected to observe the convention in resolving the plight of stateless
persons.
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Chapter Four
4.1. Constitution and Constitutionalism
Introduction
Constitution is the aggregate of laws and customs under which the life of the state goes
on. Government without a Constitution is a power without a right. Historically, before the
evolution of modern-style, codified national constitutions, the term constitution could be
applied to any important law that governed the functioning of a government. In this case
we can say that constitution is a state book of fundamental political principles, and
establishing the structure, procedures, powers and duties, of a government, which help
the government to guide the nation/state.
To be brief, we know that State, like any other organization, requires a set of laws to
govern it. Thus, a constitution is a body of laws that determines the nature of the State. It
is a fundamental document according to which the government of the State functions. A
constitution is, therefore, the basic law which defines and delimits the powers of various
organs of the government and it also enumerates the basic rights of the citizens.
But whatever its form, a true constitution will have the following facts: first, how the
various agencies are organized; secondly, what power is entrusted to those agencies; and
thirdly, in what manner such power is to be exercised. Like a human body, constitutions
have organs which work harmoniously. In order to function well a state, or body politic,
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is said to have a constitution in which its organs and their functions are definitely
arranged and are not subject to the some dictators.
There is a close connection between constitutionalism and the rule of law. Both are
premised on the importance of limits on the power of the state and its institutions, with
law as the principal means of defining and ensuring the limits. In all its successive
phases, constitutionalism has one essential quality: it is a legal limitation on
government; it is the anti-thesis of arbitrary rule; its opposite is dictatorial
government, the government of will instead of law. Both constitution and rule of law
were concerned about the limits on state power, but unlike the origins of the rule of
law, constitutionalism also emphasized the political mandate and accountability of the
government, which placed a greater importance on the legislature.
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authorities. It specifies the purpose of the government, the power of each
department of the government, the state-society relationship, the relationship
between various governmental institutions, and the limits of the government.
♣ The constitution is a job description: In a democratic state, the people as a
whole hire some officials to administer the government for public good, and the
constitution is the employment contract and job description. Although many other
laws are also job descriptions for the government, the constitution is the highest.
The constitution is a guide for legislation and for the interpretation of legislation.
♣ The constitution put limits on the powers of government and rights
protection function: Constitutional provision could be enforcing or empowering
whose objective is giving powers to government. But there must also be
‘Negative Clause’ or ‘No Clause’, so that a constitution could be a guardian of
fundamental rights. Negative clauses, by putting specifically what governments
must not do, will limiting and tie the hands of those who exercise powers.
Otherwise, the people will certainly be exposed to various kinds of abuses of
power.
♣ The constitution is a commitment device: In a democratic state, the constitution
binds not only the government, but also the people. Through the constitution, the
people collectively commit to certain institutional procedure for managing public
affairs and resolving social conflicts. Thus, the constitution not only limits the
arbitrary power of the government, it also prevents public administration from
being poisoned by people's short-term temper and passions. Through the
constitution, the people collectively commit to be abide by the terms of
constitution.
♣ The constitution as covenant, symbol, and aspiration: In so far as a
constitution is a covenant by which a group of people agree to transform
themselves in to a nation, it may function for the founding generation like a
marriage concluded through the pledging partners’ positive and active consent to
remain a nation for better or worse, through prosperity and poverty, in peace and
war. A constitution may serve as a binding statement of a people’s aspirations for
themselves as a nation. In short, a constitutional text may guide as well as express
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a people’s hopes for themselves as a society. The ideals the words enshrine, the
processes they describe, and the actions they legitimize must either help to change
the citizenry or at least reflect their current values. Otherwise, it will quickly fade.
This is why we see differences among constitutions.
The basis of our constitutional classification, therefore, should be found, under the
following heads: the nature of the state to which the constitution applies i.e. whether
unitary or federal; the nature of the constitution whether written or unwritten and flexible
or rigid; the nature of the legislature; the nature of the executive; and the nature of
judiciary. Accordingly, in this section we will try to see the characteristic features of
written or unwritten, flexible or rigid and finally unitary or federal constitutions.
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conventions and usages regulating the government, which have usually not been precisely
formulated and put in writing. Constitutions, whether written or unwritten, will share
common features. They will identify the principal institutions of the state – the executive,
the legislature and the judiciary. In relation to each of these, the constitution will specify
their functions and powers. In addition the constitution will identify the rights and
freedoms of citizens, through a Bill of Rights which operates both to protect citizens and
to restrict the power of the state.
The strength of a written or enacted constitution is that it is clear and definite. When the
constitution is in the form of a document, people have a clear understanding about the
powers of the government. In a written constitution the rights of the people are secure. In a
federal State like Ethiopia, there are two sets of governments: Federal Government and
State Governments. The written constitution mentions clearly the division of powers
between those levels of government.
The weakness of a written constitution is that it fails to adapt itself to changing conditions
easily. Generally, the process of amending or changing a written constitution is
comparatively complex. It is generally said that written constitution is helpful in providing
solid government, but this viewpoint can also be disputed. For example, England is a well
administered country though its constitution is unwritten.
A written constitution has three important advantages: the first is that a single text
contains the sum of what state authority consists of, how it is constituted, how it can
be used, and what non-violent methods of addressing disputes are to be adopted. This
gives clarity.
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The second argument is that such a text can be made available to all inhabitants (and
visitors). The basis of the political system is therefore comprehensible to all, instead
of in the hands of a specialized guardian classes. This is vital when there are to be
dealings between individuals and the State.
The third argument is that because the limits of state power are so clear, it is
necessary to invoke an amendment process, in order to change even a small
component of the constitution.
On the other hand, the disadvantage of written Constitution may be the following: the
first is that, the implementation of a written constitution usually involves interpretation.
In some instances such interpretation leads to dispute between branches of the
government. It is also not possible to absolutely define the extent of devolution of power
among different levels of governance in a country. Further, written constitution is not
easily adaptable to changing circumstances to make this real, written constitutions need
to be continuously amended or modified.
In contrast, one of the major advantage of unwritten constitution is, relatively speaking it
is more flexible. However, it is disadvantageous because there is no single document that
clearly states the fundamental rights and duties of citizens and of governments. In this
case, it would be difficult to quickly determine which aspects of the constitution is
violated and when. Since there is no legal restraint and because it is not accessible to
public, it can easily be distorted or even changed without the consent of the people. As a
result there may arise difference in society regarding which conventions or custom is
acceptable and which is not, since there could exist different conventions and customs in
a country. Because of its inaccessibility, it is nearly impossible to create awareness
through education on the fundamental constitutional rights and freedoms, duties, and
obligations of citizens.
To sum up, a constitution generally called written is one in the form of a document which
has special sanctity. A constitution generally called unwritten is one which has grown up
on the basis of custom rather than of written law. But sometimes the so-called written
constitution is a very complete instrument in which the framers of the constitutions have
attempted to arrange for every conceivable contingency in its operation. In other cases,
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the written constitution is found in a number of fundamental laws which the constitution
makers have either framed or adopted with a view for giving as wide a scope as possible
to the process of ordinary legislation for the development of the constitution within the
framework thus set. It is, of course, necessary to distinguish between written and the
unwritten constitution and, we shall refer to the former as a documentary and to the latter
as a non-documentary constitution.
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supreme over the whole without any restrictions imposed by any law granting social
powers to its parts. Unitarianism in the political sense was the habitual exercise of
supreme legislative authority by one central power. The best example of unitary state is
the United Kingdom. Of course, in the case of the United Kingdom, local government is
strong, but the central government can take all those powers of the local government at
any time.
Actually, it is important to distinguish clearly between local government in a unitary state
and state government within a federal state. In a federal state the powers of the central or
federal authority are limited by certain powers. We note, therefore, in a federal state a
distinction of powers between the federal authority and the authorities of the units
forming the federation. This being the case, there must be some authority which
determines this distribution. The authority is the constitution itself.
A federal constitution will state either the rights that are to be retained by the federating
units or the rights that the federal authority takes over. In either case it stands to reason
that neither the ordinary legislature of the individual states nor the legislature of the union
can have the power to alter the constitution without some special means being adopted
for discovering the views of the constituent members. These means in federal country, the
constitution will define which powers are exercisable by the central/federal government,
and which powers are exercisable by the constituent parts of the federation, usually known as
states. In a federal state power is diffused rather than concentrated in any one body. The
constitution has overriding force and any conflicts between the federal government and
state governments will be determined according to the constitution. Clearly, in federal
countries the constitution is seen as a covenant. Thus, the constitution is serving as the
fundamental laws of a country. This is one of the essential characteristics features of a
federal state.
Thus, true federalism shows three clearly marked characteristics: first; the supremacy of
the constitution, by means of which the federation is established; secondly; the
distribution of powers between the federal state and the co-ordinate states forming it; and
thirdly, some supreme authority to settle any dispute which may arise between the federal
and state authorities. Not all states which we call federal states are exactly like this.
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Federalism is, in fact has its own unique and as well as common characteristics features.
Those that do not exactly conform to the type of completely federalized state we may call
quasi-federal states.
Brainstorming:
1. Can you define democracy in your own words?
It is evident that the term democracy is used to cover wide ranges of political systems;
some of which are old and experienced, while others relatively new and inexperienced.
Their rate of advance towards their political, social and economic goals varies widely.
Despite these facts, scholars, politicians and others attempted to define democracy in
various ways. To this end, the following are some of the possible definitions of the term
democracy.
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The word democracy is a term that comes from Greek and it is made up with two words
demos, which means people and kratos, to mean to govern, to rule. “Democracy” can
then be literally translated by the following terms: Government of the People or
Government of the Majority. Convincingly it can be also said that Democracy is a people
centered system, where the people are the heart, the root and also the fruits. The fruits of
democracy are prosperity, good quality of life and well being, human security, human
dignity and participation of the people in all decisions affecting their lives.
Focus
Democracy is a people centered system where the people are the heart the root and also
the fruits.
The dictionary definition of the term entails that democracy is a state of government in
which people hold the ruling power either directly or indirectly through their elected
representatives. Accordingly, democracy embraces the principles of equality, individual
freedom and opportunity for the common people, as those who actually wield political
power.
From the perspective of participation, democracy can be explained as, the mobilization of
constituent groups around the issues and problems of common concern, the organization
of forums for the expression of alternative views on the issues, and the implementation of
decision-making procedures based on majority rule. According to this definition, since
the practical establishment of democracy depends on individual citizens’ participation, in
the absence it is difficult to influence government decisions or policies for just and fair
public welfare.
To be brief, you may have already heard about the most common definition of
democracy: "…government of the people, by the people and for the people" (i.e. the
former US president, Abraham Lincoln). To put it another way we can say that a
government comes from the people; it is exercised by the people, and for the purpose of
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the people’s own interests. This description is only a very broad one, to start with, but
the pages that follow will explain to you in a more concise way the different facets of
democracy.
Activity:
1. Some said that democracy is not a permanent building, like a stable and well
constructed house for instance, that will stay unchanged beyond the centuries.
Democracy is rather a process that must be maintained and consolidated
permanently. Explain why?
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Direct democracy gives all people the right to participate regardless of religious
beliefs, gender, sexual orientation, physical well being etc. Only those who have
specifically gone against society are excluded from direct democracy.
The difficulties of direct democracy are well known. When the people of a nation
cannot meet to take decisions, direct forms of democracy are incapable of replacing
representation. However, there are areas in which they can complement democracy.
Direct democracy can be put to local committees, schools and citizens' associations,
where they can be discussed and submitted for collective decision. However, this is
not possible with more complex and general matters.
Most constitutions envisage a procedure for the direct consultation of all citizens,
namely the referendum. The practice of holding referenda on precise points should be
used frequently and defined with precision. Referenda could be held at the local,
regional and national levels. Direct democracy is fine in theory but it does not always
match the theory when put into practice.
The origin of direct democracy can be traced back to ancient Athens. In the ancient
Athenian city-state, all adult male citizens met in assembly and made decisions.
Athenians were ruling themselves directly without intermediaries of representatives.
Political participation in Athens, however, was not all-inclusive and opens to all.
Women, slaves and aliens were not considered as citizens and hence were not allowed
to participate in the assembly. In strict words, the Athenian democracy was not an
ideal or pure model of democracy. Nevertheless, the Greek experiment of democracy
is generally considered to have provided important lesson for today's world. This is
partly because of the facts that:
♣ It was the first known example of democracy, and
♣ It was carried out in circumstances that can never be repeated, which makes it
possible to study a much simpler form of democratic government.
ii. Indirect/ Representative Democracy: This is the modern type of democracy that we
have today. A representative democracy is where citizens within a country elect
representatives to make decisions for them. In this regard, the meaning of representative
form of democracy is that the whole people cannot directly participate in their own affairs
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but through their representatives, which are periodically elected by the people
themselves. For instance, every 5 years in Ethiopia, the people have the chance to vote
into power those they wish to represent us in the Parliament. The Parliamentarians meet
in the House of People representatives to discuss matters and pass acts which then
become Ethiopian law. Within the House of People representatives, each elected
Parliamentarians represents all citizens. The voters passed the responsibility of
participating in law making to the Parliamentarians. In this case, leaders must maintain
some contact with voters so as to stay in power. However, if they fail to perform (or if the
party has done badly during its time in office) they can be removed by the people. In this
way, the people exercise control over their representatives.
Focus
The difference between direct and indirect democracy is fairly simple. In a direct
democracy citizens make decisions directly by proposing laws or referendums. An indirect
democracy on the other hand uses a small group of officials to make decisions of
importance on behalf of their constituents. In both cases the input of the people is the
cornerstone of the government but the government is run in different ways.
Is representative government working well in our country? The answer to this question
depends on what we think the purpose of representative government is. Most research in
political science assumes that the purpose of representative government is to represent the
will of the people by translating popular sentiment or public interest into governmental
policy. It therefore assumes that a good measure of the performance of representative
democracy, at least in its representative capacity, involves comparing policy results with
public opinion as it is or as it should be.
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4.8.1. Substantive Views of Democracy
The substantive view concentrates on what a government actually does, that is, the
policies it makes should fulfill democratic ideals. A substantive theorist would not
recognize a decision that violated those ideals as "democratic" even if it were made in
response to majority wishes. Substantive theorists, however, do not agree on the contents
and nature of these democratic ideals.
Of course, there is no simple answer to these questions and as such there are various
perspectives on those issues.
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In brief, procedural democracy is a democracy in which the people or citizens of the state
have less influence than in traditional liberal democracies. This type of democracy is
characterized by voters choosing to elect representatives in free elections. Procedural
democracy assumes that the electoral process is at the core of the authority placed in
elected officials and ensures that all procedures of elections are duly complied with. It
could be described as a democracy in which only the basic structures and institutions are
in place. Commonly, the previously elected representatives use electoral procedures to
maintain they in power against the common wish of the people, thus awkward the
establishment of a full-fledged democracy. Procedural democracy is quite different from
substantive democracy, which is manifested by equal participation of all groups in
society in the political process.
4.9. Theories of Democracy
4.9.1. Liberal Concept of Democracy
Liberal democracy advocates the principle of private enterprise and the guarantee of basic
civil and political rights such as freedom of speech, religion, the right to elect and to be
elected, etc. The state intervenes in order to protect an individual and sections of society
from the evils of free private enterprise, and to promote greater social efficiency. Liberal
democrats, however, have emphasized individual freedom and demanded that the state
shall not lose sight of this in the search for social justice. Liberal democrats accept
inequality or privilege so as to safeguard individual freedom.
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4.9.2. Economic Democracy /Socialist Democracy/
Economic democracy is the transfer of economic decision making power from the few to
the many. Capitalist democracy according to economic democracy advocates, does not
guarantee universal rights to decent food, housing, employment, child-care, education, or
health care. There are no rights guaranteeing control over the fruits of one's labor and
control over the work process itself. This is because of the fact that these rights contradict
the unequal distribution of wealth and power and the desire to get rich. Formal liberal
democracy helps to legitimize corporate capitalism. True democracy, however cannot
exist without economic democracy and economic democracy cannot exist under the
principles of capitalism. Here, to speak of economic democracy is to advocate democracy
for the 'poor' as well as the rich. As such, economic democracy is the transfer of
economic decision making from the few to the many. In this case, the assumption is that
when workers and the poor control production, democratic choices to work, employment,
income, technology, and the like can be extended.
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4.9.4. Developmental Democracy
Another model, the developmental democracy, views human beings as capable of civic
virtue. Supporters say that through involvement in government and community affairs,
persons can gain an understanding of the public good and what it requires. Good citizens
aware of and participate in government and civic affairs through voting, expression of
their opinions to representatives, and sometimes even public service. Involvement in
democracy is both a way of educating people and increasing their ability to better
themselves. Through the exercise of judgment on political issues, citizens can better
exercise judgment in other areas of their lives. The Developmental model utilizes indirect
representation simply because of the impracticality of direct involvement such as that of
the participatory democracy. Political and social equality exist in a developmental
democracy which advocates that people can achieve civic virtue and become conscious
through active participation in democracy.
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2. The Supremacy of the Constitution: This is a principle that puts the constitution at
the highest level in the hierarchy of laws. According to this principle, the constitution is
above all laws and organs of a state. This principle dictates all laws and governmental or
non-governmental acts to be under the constitution. It is, thus, important for officials or
any citizen to take extra care not to violate any provision of the constitution. It is also
important to keep in mind that if an act is found to be against the constitution, the act will
be with out of effect or void. In the Ethiopian case, you can refer Article 9 of the FDRE
constitution.
For example, the FDRE constitution states that the highest power and authority is vested
in the nations, nationalities and peoples of Ethiopia (For more detail, please refer the
FDRE Constitution).
4. The Rule of Law: The principle of the rule of law means that both government and the
governed are, and must be, subject to the laws of country. Government decisions and
actions shall be made according to the established laws of the country rather than by
arbitrary action.
5. Separation of Powers: Another essential part of democracy is the idea that legislative,
executive, and judicial powers should be separated and exercised by different institutions.
And, if government follows federalism, power and functions should be distributed
between the central government and the regional state.
Therefore, in a general state structure like Ethiopia, powers and functions are clearly
separated between: the legislative, executive, and judiciary branches both at federal level
and regional levels as well as between the federal and regional government (federating
units).
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6. Checks and Balance: The powers given to the different branches of government are
balanced so that no branch can completely dominate the others. Many of the powers of
one branch are shared and checked by those of the other braches as explained below.
A. Legislative Branch: The constitution gives the legislatives branch certain powers,
which make it possible to check the exercise of power by the executive and judicial
branches. Examples are ratification of treaties; the confirmation of executive and judicial
appointments; “vote of no confidence” up on the executives, and control and deterring of
the budget. You need to remember that you have looked at the powers and functions of
HPRs, to some extent. But for detail, look at article of the FDRE constitution.
B. Executive Branch: The constitution gives the executive branch certain powers, which
make it possible to check the exercise of power by the legislative and judicial branches.
Examples are the power to make judicial appointments; and the Prime Minister’s power
as commander–in–chief of the army in parliamentary system government. Despite you
have despite you have discussed this in the previous chapter (constitution part), look at
article-of the FDRE Constitution for detail.
C. Judicial Branch: The constitution gives the judicial branch certain powers given by
the FDRE constitution which makes it possible to check the exercise of power by the
legislative and executive branches. But, in case of Ethiopia for example, the house of
Federation is given with the highest power to interpreter the FDERE constitution and any
constitutional disputes (refer to article of the FDRE Constitution).
7. Majority Rule and Minority Rights: Majority rule should rule and make decisions
and law. The idea of minority rights means that decisions made by in accordance with the
principle of majority rule but should not unreasonably and unfairly infringe up on the
rights of minorities.
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should not interfere with religion in any way. The following are included in Article 11 of
FDRE Constitution:
10. Free, Fair and Periodic Elections: In democracy, the authority of the government
derives solely from the consent (will) of the governed (the people). The principal
mechanism for translating the consent of the people in to governmental authority is the
holding of periodic, free and fair elections.
♣ All inclusive-election: Means that the election will be held on the basis of
universal suffrage in which all adult citizens will have the right to age limit for
voting is set at 18 years age.
♣ By free and fair election, it is meant that neither law, nonviolence, nor yet
intimidation should prohibit candidates or voters from presenting their views. In
order for the election to be free and fair from any influence, the casting of votes
should be done in a secret ball of.
♣ Democratic Elections are not Merely Symbolic. They are competitive elections
in which the chief decision makers in a government are selected by citizens who
enjoy broad freedom to criticize government, to express their criticism and to
choose among different alternatives. Democratic elections must be competitive in
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the sense that freedom of speech, assembly, and movement necessary to voice
their criticisms openly and to bring alternative policies and candidates to the
voters. However, in many political systems elections are held to give legitimacy
for the world community.
♣ Democratic elections must also be periodic. By a periodic election, it is meant
that regular elections occur within prescribed time limits. The FDRE Constitution
in its article 54 (1) set the term of election at 5 years. This is because since elected
officials must be accountable to the people, they must return to the voters at
prescribed intervals to seek their mandate to continue in office. Hence, officials in
democratic systems must accept the risk of being voted out of office.
♣ The Principle of Periodic election, for example enables the people to change
government they are not pleased with, and it also avoids the possibility for a once
elected government to stay in office for an indefinite period.
11. Peaceful Transition of Political Power: One of the most important elements of a
democratic system is the prevalence of peaceful transition of political power. Elections
ensure that key positions in government will be contested at periodic intervals and that
the transfer of governmental authority is accomplished in a peaceful and orderly manner.
This avoids the evil effects of taking political power by force.
12. Accepting the Results of Elections: In democratic elections, there would be winners
and losers of vote to seize political power. If democracy is to succeed, it is essential that
political parties and their members, even individuals be will - full to compete in elections
and accept their results. Often the losers of election may argue so strongly that they
refuse to accept the results of elections. Such conditions will be against democratic
principles.
13. Protecting and Sustaining of Human Rights: Human rights are those values that
reflect respect for human life, and dignity too. In other words, human rights have been
defined as “generally accepted principles of fairness and Justice” or “universal moral
rights that belong equally to all people simply because they are human rights”. People are
entitled to exercise their human right. However, human right can be restricted if they
interfere with the rights of other people.
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14. Multi -Party System: Multiparty system refers to a political system that legally allows
and has more than one party politics to participate in elections. In multiparty democracy,
people of different views and various ethnic groups will co-exist in the same state to live
together, improve their development, and promote their prosperity and welfare.
Open competition between political parties in the framework of elections is one of the
indispensable characteristics of representative democracies. Open competitions between
parties contend for the management of a country's affairs is a socially and politically
divisive factor and the stakes are generally high for those involved in this competition.
It is therefore important and this is one of the conditions for democracy's survival.
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4.10.1.1. Party Systems
Party systems refer to the number of parties and pattern of relationships among the parties
with in a nation. Taking in to account the number of dominant or existing political parties
with in a state, party systems are classified in to three major categories.
1. One party system
2. Two party system
3. Multi party system
Considering the prominent political parties that are active with in the political system of a
given state makes this classification. The type of electoral system that is used in a
particular country can have an important influence on the number of dominant political
parties within the country. Proportional representation is said to foster a multiparty
system because it assures that even parties that poll a relatively small vote will win some
seats in the legislature. On the other hand, in the first-past-post system, which the winner
takes all, may encourage the development of two party systems since it penalizes parties
that may poll a substantial number of votes but do not get the plurality that is necessary to
elect a legislator with in a specific constituency.
1. One Party System: Is most of the time, ideological in its outlook and authoritarian in
its structure. In this system, it is usually not allowed other parties to function either de
jure or de facto. As such, the party and its ideology are the main determinants of
governmental policy, style, and the very existence of the media and interest groups and
the like. In is case, the party requires that important government officials are members
of the party or of satellite groups and expects their behavior to conform to the policies
and ideology.
2. Two Party Systems: Are characterized by a regular alternation in office between two
major dominant parties. In two party systems, although minor parties exist, two major
parties dominate government. It is argued that the system provides the people with a
choice of policies and leaders while at the same time guaranteeing governmental stability.
The devices of the electoral arrangement in such a system assure a majority for one party
or the other, thus enabling that one will have the power to carry out its election promises.
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The origins of many one-party systems are obvious, but the question often arises as to
why some modern countries function as a two-party system when these societies are so
complex and that it should be impossible for two parties to aggregate all the prevailing
interests present and still stand for anything. Two party systems are common in the
political system of Britain, which is mostly dominated by the conservative and labor
party. United States of America as a country dominated by the Democratic and
Republican parties is also another good example of the two party systems.
3. Multi Party Systems: Are systems in which we have at least three or more major
parties. In multiparty system, one party rarely wins enough seats in the legislature to form
government. Consequently, several parties combine forces to obtain a majority and form
a coalition government to direct the nation’s affaires. As you might expect, when groups
with different ideologies attempt to share power with different ideologies, coalitions often
break down when disputes or disagreements a rise requiring new elections. In such
countries voters have a wide range of choices on election days. The parties in multiparty
system often represent widely different ideologies or basic believes about government.
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the area of the protection of human rights and humanitarian law. Such concerns urge
them to intervene in the political field even if they claim to have nothing to do with
politics. It is nevertheless true that the growth of professional associations and national
NGOs is making a strong contribution to the consolidation of civil society in these
countries.
Public opinion is then a tool to control the politicians that lead the country. On the
one hand, this is important for the opposition as the latter is only potentially active in
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front of the government through this public opinion. Indeed, what important changes
would an opposition bring if it was only able to express criticisms in closed rooms? It
is when the opposition represents its stands and opinions, finds itself obliged to react,
otherwise it is running the risks of disaffection or destitution, from its citizens.
Moreover, public opinion serves the whole population in its effort to display criticisms
and its incitements to well defined actions.
Activity:
1. How can public opinion serve as a tool to control their leaders? Share your ideas for
your classmates
Each citizen has the right to gather information and to contribute somehow to the
expression of public opinion when he/she organizes, for instance, a meeting in order to
exchange information. In this context, political and social human rights play an
important role: the freedom of opinion, as well as freedom to hold meetings and to set
up associations which allow citizens to participate in the expression of public opinion,
without having to put up with any pressure. Public opinion then constitutes a
controlling tool, which is very important in a democracy.
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newspapers or private radio and television stations but on the quality of the information
provided to the public.
Activity:
1. You know that in our country there are different traditional democratic institutions
like: Gada system (of Oromo people); Abatoch (of Amhara people); Bayto (of Tigray
people); yejoka (of Gurage people) and etc. So, what do you think is there role for the
building up of modern democracy in our country? Discuss briefly
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of distinctively human or moral value. Man, understood as a human being, is a creature
with a worth, a dignity that is priceless; outside of the domain of instrumental value.
Which means, “Man regarded as a person is exalted above any price; he is not to be
valued merely as a means, he possesses a dignity (absolute inner worth) by which he
demand respect for himself from all other rational beings in the world.” This in effect
restates, in the language of dignity and worth, Kant’s famous formulation of the
“categorical imperative,” the fundamental principle of morality: “Act in such a way that
you treat humanity, whether in your own person or in the person of another, always at the
same time as an end and never simply as a means.” This indicates that, the dignity of
humanity in each of us-in ourselves and in others alike- demands respect. Because of this
dignity, “every man has a legitimate claim to respect from his fellow men and is in turn
bound to respect every other.” Humanity in his person is the object of the respect which
he can demand from every other man. Hence, this duty with reference to the dignity of
humanity within us is connected to human rights as expressed in the definition of human
rights, that it gains its foundation in human dignity. Similarly, Humanity, which is
present in all human beings, gives each individual a dignity/status that must be respected
by all other individuals, society, and the state. And the details of that respect, especially
in its political elements, are specified through human rights. Thus, it is understandable
that Human dignity dictates a life of personal freedom and respect for human rights.
Equally important, it is undeniable that, human rights are legally guaranteed by human
rights law, protecting individuals and groups against actions which interfere with
fundamental freedoms and human dignity. They are expressed in treaties, customary
international law, bodies of principles and other sources of law. Human rights law places
an obligation on States to act in a particular way and prohibits States from engaging in
specified activities as shall be discussed below under states obligation of human rights.
However, it has to be clear that, the law does not establish human rights; because, human
rights are inherent entitlements which come to every person as a consequence of being
human. Thus, treaties and other sources of law generally serve to protect formally the
rights of individuals and groups against actions or abandonment of actions by
Governments which interfere with the enjoyment of their human rights.
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Generally, human rights are understood as being those rights which are inherent to the
human being. The concept of human rights acknowledges that every single human being
is entitled to enjoy his or her human rights without distinction as to race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status.
The Universalist approach of human rights is attributed to the fact that one can use
nature, God or reason to identify basic rights inherent to every human and also these
rights pre-exist society. So, the phrase inherent to every human and pre-exist society
implies that the right is emerged with the creation of an individual person and should not
be subordinate to arbitrary institutions. Hence, human rights are a universal entitlement
which is possessed by all individuals across the globe by virtue of being human.
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Human Rights are Inherent (in human dignity): Inherence refers to the existence of rights
independently of the will of either an individual human being or a group of people. Thus,
“they are neither obtained nor granted through any human action” They exist in spite of
the fact that one has the will or capacity to exercise them. It is rooted in human dignity.
Human rights are Inalienable: Inalienability implies that nobody can deprive anyone of
these rights and nobody can renounce these rights by himself. This is because the
uniqueness of being human- the substance in which the whole idea of human rights is
rooted-being, the ground for assigning dignity to each and every human being, cannot
allow an infringement or outright violation. Inalienability is partly grounded in taking
every human being as an end rather than as a means to further other ends.
Apart from this, one does well to stress the fact that human rights tend to be emancipator
in their rhetoric. It is common place to hear any resistance movement to invoke human
rights as the ‘utopia’ they aspire to enjoy subsequent to the success of their struggle while
also considering their violations as the motivating and mobilizing cause behind their
struggle.
As moral claims, human rights pose a challenge to states both internally (from within) an
externally (from without). As a result, neglect or abuse of rights often provokes a
pressure on a state both politically and legally. Moreover, human rights impose limits on
the exercise of power by governments; in effect, they discipline power. Furthermore, in
history, it tended to be biased towards the individual right to freedom from undue state
intervention.
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4.14 Classification and Obligations of Human Rights
Obviously, there is a diverse array of rights that human beings claim, be it by virtue of
the strength of laws or of morals. The classification of these diverse rights has generated
a degree of controversy among human rights law scholars. Karel Vasak, drawing from
the motto of the French Revolution of 1789-which propagated the principles of liberte,
egalite, and fraternite— developed the generational division of rights. Thus, he came up
with the idea of “First Generation” rights of civil and political type, “Second Generation”
rights of economic, social, and cultural type, and “Third Generation” rights of
development, peace, environment, and others. His generational division of rights has led
to the emergence of the idea of what are called liberty rights (i.e., civil and political
rights), equality rights (i.e., economic and social rights), and solidarity rights (i.e., rights
to development, environment, and peace).
Rights are also classified based on the kind of duties that they impose upon the duty-
bearers (which, often, is the state). Thus, scholars identify rights that impose negative
duties on the state, (i.e., the duty to keep away from the free exercise of rights by citizens
unhindered) and those that impose positive duties (i.e., the duty to act to protect or
promote or/and fulfill some rights). It is important to note that civil and political rights
often impose duties of the former kind while economic, social and cultural rights tend to
impose duties of the latter kind. From this division come the difference between
obligations to respect on the one hand and obligations to protect, promote, and fulfill on
the other. Obligations to respect are obligations to refrain from doing violative acts.
Obligations to protect, promote, and fulfill impose obligations to act in certain ways so
that states can create conditions for a decent human living within which to exercise even
civil and political rights. Rights are also categorized into “individual” and “collective”
depending on their active subjects (or beneficiaries), the latter being associative or
organic groups as the case may be.
In the process of the development of the International Bill of Rights, although the
Universal Declaration of Human Rights (UDHR) of 1948 had a comprehensive catalogue
of rights with no hierarchy among them, the division between civil and political rights on
the one hand, and the economic, social, and cultural rights on the other, came out to be
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pronounced in the international covenants that emerged subsequently bearing the names
that echo the division we stated above. Hence, the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR).
To conclude this section, it is important to stress that human rights do matter because
human dignity and worth matter. Human beings as an end, rather than a means, do
matter. Violation of human rights thus amounts to defiance of the inherent human
dignity. To violate them is in a sense to punch human dignity in the face.
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In the Revised Constitution of 1955, continuity (rather than change) was dominant. The
monarchy continued to be absolute. The state (and the bureaucracy) tended to be
aristocratic. In spite of the fact that there was a stride made to embrace the ideals of
rudimentary democracy and human rights, there was much to be desired in practice in
this regard. There was recognition of a number of human rights in the constitution
(including the right to assembly, association, and election, etc) but often constrained by
the claw back clauses marked by the phrase such as “in accordance with the law”, or “as
shall be determined by law”. One of the pressing problems of the time was the lack of
access, on the part of the peasants, to economic “facilities” (such as land) that
undermined the economic freedoms of large proportion of the population.
A. Right to life
It is part of personal right which includes of right of privacy. It is the most basic right
upon which all other rights are premised for the purpose of protection. Human rights can
only attach to living human beings. All other human rights articles would be of no use
without the right to life. In this sense the right to life is primary. It is a trump right. It is
protected under all international and regional treaties and in almost all state constitutions.
The right to life, as important as it is for the enjoyment of all other rights, is not absolute,
however. There is a limitation on this right.
The type of punishment intentionally inflicted on a person by a state for a serious
criminal offense is called capital punishment or the death penalty. The government can
only impose the death penalty in situations where a person has been charged, tried,
convicted, and sentenced in accordance with the law. There are arguments for and against
inflicting the death penalty. One main argument for death sentence is this that death
penalty is a punishment that will deter other people from committing serious criminal
offenses. Argument against death penalty argues that it did not give a chance for
correction or redemption. Art. 15 of Ethiopian Constitution say, “Every person has the
right to life. No person may be deprived of his life except as a punishment for a serious
criminal offense determined by law”.
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Liberty is essentially understood to be “a persons’ going about his/her life freely.” This
right is covered under the Ethiopia Constitution and international instruments. In Ethiopia
Constitution, the right is treated in three articles in various wordings (Arts. 14, 16 and
17). Again the commentary of the Human Rights Committee is helpful in understanding
the scope of this right.
C. Security of person
Scholars argue that it is difficult to tell the exact scope of this right both in international
law and Ethiopian Constitution (see Art.16 of the FDRE Constitution and Art.9 of the
ICCPR). The Constitution specifically talks about bodily harm. It refers harm on ones
physical existence (body) both from private actors and government agents. Do you think
that this is the only element that it protected? The South African Constitution (section 12
gives certain details). It mentions: right to make decision concerning reproduction,
consent incase of subjection to medical and scientific experimentation. Do you think it is
possible to extend understanding of Article 16 of the Ethiopia Constitution to the above
issues under the South African Constitution by jurisprudence?
D. Right of persons accused and arrested
The rights of accused and arrested persons set out in the Constitution and other laws of
the country are fundamental aspects of the criminal justice system. The provision on the
rights of persons arrested deals with various aspects of the right. A crucial aspect of this
right is the fact that he has the right to appear before a court law within 48 hours of his
arrest. The responsibility lies on the arresting institution or officer. The arrested person is
not simply at the mercy of the arresting institution. A violation of these rights is an abuse
of power by the government or its agents for which they should be accountable. Article
12(2) states that ‘any public official or an elected representative is accountable for any
failure in official duties.’ An example of public officials includes police and other
enforcement officers. An independent court will ensure such abuses are not committed.
The arrested person has also right to receive a full explanation of the reason of his arrest.
E. Non-retroactivity of Criminal laws
The principle of non-retroactivity of criminal laws is provided in the Constitution. Hence
no one shall be held guilty of any criminal offence on account of any act or omission
which did not constitute a criminal offence at the time when it was committed. A heavier
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penalty cannot be imposed on any person other than the one that was applicable at the
time when the criminal offence was committed. However, if a law promulgated
subsequent to the commission of the offence is advantageous to the accused or convicted
person then it will be applied.
Article 22 says that, “No one shall be held guilty of any criminal offense on account of
any act or omission which did not constitute a criminal offense at the time it was
committed. Nor shall a heavier penalty be imposed on any person than the one that was
applicable at the time when the criminal offense was committed” and a law promulgated
subsequent to the commission of the offense shall apply if it is advantageous to the
accused or the convicted person.
The principle of non retroactivity of criminal laws is directly invoked in the Criminal
Code. Courts cannot treat as a crime and punish any act or omission which is not
prohibited by law. They cannot also impose penalties or measures other than those
prescribed by law. They cannot also create crimes by analogy.
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The kind of discrimination which is prohibited is negative discrimination, for the purpose
of impairing or nullifying the equal enjoyment of rights. When is discrimination unfair?
What did the FDRE Constitution say in this issue? What are the provisions for positive
discrimination? The South African Constitution says that discrimination is unfair unless it
can be shown that it is fair; the presumption is unfair unless proved otherwise. The
burden of proof is one the person or state or entity that exercises discrimination. The
South African Constitution also has provision for affirmative action to promote
achievement of equality, but prohibits private discrimination in private spheres (in
America, private sphere is not regulated). It has also a list of grounds prohibited as for
discrimination, such as pregnancy, age and disability. Can we apply those lists under the
South African Constitution in Ethiopia, by invoking the last phrase, “other status”, under
Article 25 of the FDRE Constitution? In Ethiopia, Article 35 talks about affirmative
action. There is also affirmative action in policy areas (Art.98).
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The rights incorporated under this Article are:
♣ Freedom of thought, belief and religion
♣ Freedom to practice religion in private or public and either individually or
collectively
♣ Freedom to teach one's religion
♣ Protection from coercion or any other means that restricts or prevents the enjoyment
of this freedom
♣ The rights of parents and legal guardians to bring up children in accordance with the
religion and moral education of their own convictions.
I. Freedom of thought, opinion and expression
Part II of the constitution, which deals with democratic rights, starts with the freedom of
thought and expression. It guaranteed every principle of the right. Everyone is entitled to
hold opinion without interference.
Freedom of expression means that everyone has the right to say what they want to in any
language, manner, and in any form. It protects an individual’s rights to receive and
communicate ideas, information etc. The following important considerations flow from
the freedoms of expression, thought and opinion:
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the well being of the youth; to protect the honor and reputation of individuals; and to
prohibit any propaganda for war as well as the public expression of opinion intended
to insult human dignity.
J. Freedom of association, assembly, and demonstration
The right to freedom of association is laid down in the Constitution. The Constitution
provides that every person has the right to freedom of association for any cause or
purpose. However organizations formed in violation of appropriate laws or to illegally
subvert the constitutional order or which promote such activities are prohibited.
K. Freedom of movement
This right is guaranteed under the Ethiopian Constitution and international instruments
(see Art. 32 of FDRE Constitution and Art.12 of ICCPR). The Constitution considers it a
democratic right. Here also, there are differences, in scope of the right among the
different instruments. The right has two important components: 1) right to liberty of
movement within a country, 2) right to choose one’s residence within a country.
Additional component is the right to leave any country, including one’s own country.
Governments have obligation to facilitate ones’ ability to leave. Note that foreigners are
not equally entitled to claim this right, and each of the components is subject to different
levels of restriction. For example, under ICCPR the two important components may be
restricted on groups of public order, national security, publish health, rights and freedom
of others, and public morality. Regarding right to enter to one’s own country, ICCPR
subjects the limitation to only test of arbitrariness (right to entry cannot be denied
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arbitrarily). Article 32 (2) of the Ethiopian Constitution puts no limitation the right to
return to one’s own country. It says that any Ethiopian and foreigner nationals lawfully in
Ethiopia have right of movement, to choose residence, and leave the country at any time.
L. Right to elect and be elected (Art.38)
Under Art.38 the constitution recognizes the right to elect and be elected. The following
sets of rights are recognized under this article:
♣ The right to take part in government.
♣ The right to democratic government.
♣ The right to vote and to stand for election.
♣ The right to be a member of his/her own will in a political party or association.
An election provides citizens the opportunity to vote and decide on the future of their
country as expressed through elected representatives. In Ethiopia, elections for
government representatives are held at the various levels: At the federal level, all citizens
elect members of the House of Representatives who serve in the National Parliament for
five years. The House also elects the Prime Minister from the majority party winning the
elections; at the regional level, citizens within a region elect members of the Regional
Council who serve for five years. The Regional Council then elects the President of the
Region; at local level, citizens elect the Woreda Council which serves for five years. The
Woreda Council elects the Woreda Administrator and other officials. At the kebele level,
residents of the kebele elect the Kebele Administrators and other officials every two
years.
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N. Economic, social, and cultural rights (Article 41)
Rights incorporated under this Article are: The right of every Ethiopian to engage freely
in economic activity and to pursue a livelihood of his choice anywhere within the
national territory, the right of every Ethiopian to choose his or her means of livelihood,
occupation and profession, the right of every Ethiopian to have equal access to publicly
funded social services, the right of farmers and pastoralists to receive fair prices for their
products, and the right to obtain an equitable share of the national wealth commensurate
with their contributions.
With respect to this Article, the obligations of the government are:
♣ To allocate ever increasing resources to public health, education and other social
services.
♣ Within available means, to allocate resources to assist physically and mentally
disabled, the aged and children who are left without parents or guardian.
♣ To pursue policies to expand opportunities for the unemployed and the poor.
♣ To undertake all measures necessary to increase opportunities for citizens to find
gainful employment.
♣ Responsibility to protect and preserve historical and cultural legacies, and to
contribute to the promotion of arts and sports.
♣ Social benefits and opportunities for which the government has assumed
obligation/responsibility by their nature will be realized progressively through
programs which the government initiates.
Every individual has the right to culture. Under the Constitution, equality of languages
and preservation of historical and cultural legacies are guaranteed. Each individual has
the right to speak his language and practice his culture. This is enshrined in the
Constitution through the right of regional and local governments to freely determine their
respective educational and work languages. In an article providing for the rights of
nationalities, the Constitution states that “Every nation, nationality, and people in
Ethiopia has the right to speak, to write and to develop its own language.” They have also
the right to express, to develop and to promote their culture and preserve their history.
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O. The Right to Work under Equitable and Satisfactory Conditions
The right to work is constitutionally guaranteed right of every Ethiopian. The
Constitution provides that any Ethiopian can freely choose in which economic activity,
livelihood, occupation or profession to be engaged. There can be no compulsion in the
choice of employment. Any attempt to impose this would be regarded as inhuman and
degrading treatment under the Constitution.
Equal protection of the law without any discrimination based on grounds of race, nation,
nationality, or other social origin, color, sex, language, religion, political or other opinion,
property, birth or other status is a cross-sectional notion applicable to effective
implementation of all rights incorporated in the Constitution. According to the economic
objectives provided under the FDRE Constitution, assurance for any Ethiopian to get
equal opportunities for improving economic conditions is one of the fundamental
considerations in framing economic policies. Opportunities of employment cannot be
denied to an individual on prohibited discriminatory grounds.
P. Environmental rights
The Constitution provides that: “All persons have the right to a clean and healthy
environment. Everyone is entitled to live in a safe and healthy environment regardless of
whether they come from the city or from rural areas. It also states that all persons who
have been displaced or whose livelihoods have been adversely affected as a result of state
programs have the right to commensurate monetary or alternative means of
compensation, including relocation with adequate state assistance. The Government is
also required to try and ensure that all Ethiopians live in a clean and healthy environment.
It has to make sure that the design and implementation of programmes and projects for
development do not damage or destroy the environment. In short, the Government and
citizens have the duty to protect the environment. In addition to the Constitutional
provisions, the Government has entered into various international agreements assuming
the obligation of protecting the environment.
Environmental pollution control proclamation 300/2002, the most comprehensive of the
environmental legislation, provides detailed rules for the protection of the environment. It
prohibits the violation of environmental standards by any person. Anyone engaged in any
field of activity is required to “install a sound technology that avoids or reduces, to the
required minimum, the generation of waste and, when feasible, apply methods for the
recycling of waste.” They may also be required to clean up or pay the cost of cleaning up
the polluted environment. Where there is possible risk to human health or to the
environment, a plant may be closed or relocated.
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CHAPTER FOUR
Contending Theories of Ethics
Ethicists often disagree about the nature of those standards and desirable qualities and
follow different path in establishing standards and discovering which qualities are
desirable. However, their heroically views about ethics can be discussed, for the sake of
convenience by categorizing in to two broad fields of ethics. These are:
1. Normative theory of Ethics
2. Non- normative theory of Ethics
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It is termed as applied because the ethicist applies or uses the general ethical principles in an attempt to
resolve specific moral problems. Furthermore, it concentrates on pressing vital issues and these issues
are difficult to solve or they are controversial in nature.
B. General Normative Ethics: is the reasoned search for principles of human conduct, including
critical study of major theories about which things are good, which acts are right and which acts are
blameworthy. For most of us ethical actions spring from some standards: “Do unto others as you would
have them do unto you”, “Act in such a way that you bring about greatest good for the greater number”,
“Always act in your own best interest”. Which principle should we adopt? General normative ethics, in
part tries to answer this question by attempting to formulate and defend a system of basic ethical
principles, which presumably is valid for everyone. General normative ethics can be categorized into two
broad normative theories. These are:
Ethical Egoism
It is called ethical egoism simply because it is an ethical theory, normative theory about “how we ought
to behave”. You should look after yourself; it implies that “we ought to be self interested”.
If you do not take advantage of a situation, you are foolish. They claim that it makes a good sense to
look after your self, and morality is a result of that self-interest.
If I mistreat others, they mistreat me, so I resolve to behave my self. These reflect that, we do it for our
selves, and not for others. So do unto others so that you will be done unto in similar way.
Hedonism
It is the general ethical theory, which views pleasure as the good. According to the hedonistic pleasure
principle, pleasures are thus the criterion or standard or “pay off” a right action. Which means an action
is to be valued or not in light of the amount or kind of pleasure that results from it. In short it is the
pleasure, happiness or Satisfaction Principle.
Hedonism: The ethical doctrine that pleasure is the highest good, and the production of
pleasure is the criterion of right action.
Egoistic Hedonism
Egoistic hedonism is the doctrine that the pursuit and production of ones own pleasure is good and is
the criterion of right action. If a person accepts the claim of ethical egoism (I-ism, makes the self the
central concern for the beginning and end of all considerations) and is a hedonist, the result is egoistic
hedonism, which means the doctrine that each individual should pursue primarily his/ her own pleasure.
Egoistic hedonism is very old and the most widely practiced moral philosophy. The two best example of
Greek philosophy, which supports egoistic hedonism are:
1. Cyrenacism
2. Epicureanism
A. Cyrenacism: is school of thought which was established/ founded by Aristppus about 400 BC.
According to him, our subjective sensations are the basis of our conduct, which means we should act in
such a way as to maximize our own pleasurable sensations.
It was most interested in the lower pleasures. The point is to enjoy as much bodily pleasure as possible,
and as immediate as possible. Double your pleasure, double your fun and eat, drink and be merry/happy
for tomorrow we may die.
Epicurus 300 BC. The pleasant life for the Epicureanism meant some thing quite different from what it
meant for the Cyrenacism. As far as pleasure is concerned, they advocate the absence of pain especially
mental pain in the form of anguish and fear, not the pleasure of body but the pleasure of mind.
Moreover, not the accumulation of immediate pleasure so much as a life time of pleasures. Pleasure by
achievement, effort, moderate and long lasting.
Focuses on health of body and peace of mind, freedom from bodily and mental pain and an attention to
the elevated and refined pleasures, especially those of mind.
It is not a drunken orgy but a Bach cantata that, in the long run contribute most to the
pleasant life.
Similarity: both are hedonist, egoistic and believe in the calculation of pleasure and pain.
Difference: the cyrenaics emphasized positive pleasures, bodily pleasures and immediate pleasures
while, Epicureans emphasized negative pleasure (or absence of pain), mental pleasure and sustained
pleasure over a long period of time.
Psychological Egoism
The theory of psychological egoism states that what ever it may look like and what ever we may think it
is, no human action is done for any reason other than for the sake of the agent. In short, we are all
selfish, or at least we are all self-interested.
The term psychological egoism is applied to the theory because it is a psychological theory, a theory
about how humans behave. A psychological egoist believes that humans are always looking out for
themselves in some way or other, and it is impossible for them to behave any other way. As such,
psychological egoism is a descriptive theory; it does not make any statements about whether this is
good way to behave.
The doctrine that states we ought to act so as to promote the greatest balance of good over evil. We
ought to act so as to promote the greatest balance of pleasure over pain for the greater number of
people. It is teleological that it judges the rightness of an action by its consequences. Moreover it is
hedonistic in its conception of right action and also it judges the rightness of an action by its production
of pleasurable consequences. It is referred as social hedonism, in that happiness is to be distributed as
widely and as equally possible among all people/benevolence principle/. The doctrine that we ought to
act so as to promote the greatest happiness for the greatest number.
Utilitarianism (Social Hedonism) is an ethical doctrine that states an action is right if and
only if, it promotes the greatest happiness for the greatest number of people.
Types of Utilitarianism
Act-Utilitarianism (AU): Maintains that for each particular act we are about to perform, we need to
appeal directly to the principle of utility. In each instance we must ask our selves whether this specific
act in this circumstance will produce the greatest amount of good over evil. But what about moral rules
that are commonly accepted, such as “don’t lie”, can’t rules like this be used as a guide for one’s
actions? For act-utilitarians commonly accepted moral rules can’t be taken as grantee to justify the end
of an action but the end of an action justifies the means by which we achieve the common good. An act
is right if and only if, it results in as much good as any available alternative.
According to act- utilitarianism, such rules, while in general appropriate to follow, can’t be used as an
absolutes guide in moral decision making. There are many instances when lying; in fact may be perfectly
acceptable. For example, telling the truth, sometimes, will expose an innocent to a greater harm. The
individual who lies to save the life of the innocent victim is behaving properly even though he is forced
to resort to deception. In this point of view, relying on moral rules may be helpful at times however, if
the application of those rules causes more harm than good, we should not hesitate to discard them.
Rule-Utilitarianism (RU):The central principle in this theory is that one should follow the moral rule that
would produce the most happiness (good) if very one followed it. Proponents of this theory insist that
certain moral rules, if followed, will always produce the greatest amount of good over evil. An act is right
The moral rules are not taken as grantee rather must be selected, maintained and replaced on the basis
of their utility and not on any other bases. It is the greatest general good to have everyone acting all in
all or at least largely on rules of the always acting type, instead of always making decisions on all
particular bases.
Sometimes, in specific situation telling the truth may produce undesirable consequences. For example,
telling one’s already depressed grandfather that he has only two months to live may cause harm for
him. But in general, the rule utilitarian would argue that it is in the best interests of society if every one
tells the truth. Thus, a rule utilitarian would maintain that instead of each individual to acting to bring
about the greatest amount of good over evil, every one should follow those rules which will tend to
bring about the greatest amount of good. For example, instead of wondering in each and every moral
situation whether one ought to tell the truth or not, one should establish a rule like the following: ‘one
should always tell the truth’ because doing so will produce the greatest good. Therefore, one of the
biggest differences between the act and the rule versions is that act-utilitarianism is more situational
than rule. With act-utilitarianism, all decisions are made on a case-by-case basis. In some situations lying
might be the best option. In other cases, honesty would produce more happiness. It just depends on the
specific situation. In contrast, a person following rule-utilitarianism would look for the rule that would
produce more happiness in all situations. Simply, follow the rule no matter what consequences it
fetches.
Altruism
The word ‘altruism’ derives from the French ‘autres’ which means ‘others.’ A person who is
altruistic cares about and is motivated by the needs of other people. Altruistic actions are
selfless, they are done for the sake of other people and not for any personal gain, perhaps even
sacrificing your own needs and desires for the sake of others. Many people argue that actions
can only be moral if they are done for the sake of helping others rather than yourself.
Ethical altruism is the philosophical doctrine of living for others rather than for oneself. In its
most extreme form, altruism calls for self-destruction for the sake of others.
What is the moral code of altruism? The basic principle of altruism is that man has no right to
exist for his own sake, that service to others is the only justification of his existence, and that
self-sacrifice is his highest moral duty, virtue and value.
It is referred as “the means justifies the end”. It is coined as “deontics”. This is a theory that the
rightness or wrongness of moral action is determined, at least partly with reference to formal rules of
conduct rather than consequences or result of an action.
It is an emphasis on the intentions, motives, moral principles or performance of duty rather than results,
as the sign of right action/ morality and immorality. It is a duty based and according to this theory, the
consequences or results of our action have nothing to do with their rightness or wrongness. The
common forms of theory, which advocate the deontological ethical position, are:
B. Divine Command Theory: Is a single rule non- consequentialist normative theory that says,
“We should always do the will of God”. In other words, whatever the situations, if we do what God wills,
then we do the right thing, if we do not do what God wills, then no matter what the consequences, we
do wrong. It was proposed by Thomas Aquinas and it states, “Moral rules are established by God” for
example, the Ten Commandments of God which are universally applicable, which means apply to every
body, every where and their values does not depends up on what produces human satisfaction, either
individually or collectively.
Is either a factual investigation of moral behaviors or analysis of the meaning of terms used in moral
discourse and an examination of the moral reasoning by which moral beliefs can be shown to be true or
false.
A. Scientific/ Descriptive study: this study of morality involves factual investigation of moral
behavior. It is concerned with how people do in fact behave, that means how people actually
behave/acting some thing. A descriptive one describes actual human conduct. Again scientific or
descriptive study can be subdivided into two doctrines. These are:
i. Ethical Absolutism
i. Ethical Absolutism: is the doctrine that states there exist one and only one moral code.
Absolutists maintain that this code applies to every one, at all times and everywhere. They advocates,
what is a moral duty for me must also be a duty for you. For example, if euthanasia is wrong, it is wrong
for every one, at all times, everywhere…
They do not necessarily claim that their interpretation of the absolute standard is true and valid one but
they do insist that there is a true moral code and that this code is the same for all people in all ages.
ii. Ethical Relativism: is a doctrine that denies there is a single moral standard that is universally
applicable to all people, at all times. They insist that there are many moral codes, which take root in
diverse social, soil and environment. Which means morality is relative to time, place and circumstances
in which it occurs.
They do not merely saying that what is thought right in one part of the world is frequently thought
wrong in another. Rather, they assert that precisely the same action that is right in one society at one
time can be wrong in another.
For example, putting to death 80 years old can be right in the jungles of New Guinea and wrong in US.
B. Meta-ethics study: Investigates the meaning of ethical terms and a critical study of how ethical
statements can be verified. Terms like, good, bad, right, wrong, obligation and responsibility. For
example, if you said, an act of euthanasia is right, the Meta ethicist just ask, what do you mean by right?
When we say some one is bad what is the justification used? Is the justification acceptable or not?
Sound or based on emotion or impression?
A very ancient approach to ethics is that ethical actions ought to be consistent with certain ideal
virtues that provide for the full development of our humanity. These virtues are dispositions and
habits that enable us to act according to the highest potential of our character and on behalf of
values like truth and beauty. Honesty, courage, compassion, generosity, tolerance, love, fidelity,
integrity, fairness, self-control, and prudence are all examples of virtues. Virtue ethics asks of
any action, "What kind of person will I become if I do this?" or "Is this action consistent with my
acting at my best?"
The virtue approach to ethics assumes that there are certain ideals toward which we should
strive, which provide for the development of our humanity. These ideals are discovered through
thoughtful reflection on what kind of people we have potential to become.
Virtues are attitudes or character traits that enable us to be and to act in ways that develop our
highest potential. They enable us to pursue the ideals we have adopted. Honesty, courage,
compassion, generosity, fidelity, integrity, fairness, self- control, and prudence are all examples
of virtues.
Virtues are like habits that once acquired they become the characteristic of a person. Moreover, a
person who has developed virtues will be naturally disposed to act in ways consistent with moral
principles. The virtuous person is the ethical person. In dealing with an ethical problem using the
virtue approach, we must ask, what kind of person should I be? What will promote the
development of character within my community and me?
This approach focuses on attitudes, dispositions, or character traits that enable us to be and to act
in ways that develop our human potential. It asks whether any given action demonstrates human
behavior at its best. The principle states: “What is ethical is what develops moral virtues in us
and our communities.” These five approaches suggest that once we have ascertained the facts,
we should ask ourselves five questions when trying to resolve a moral issue:
♣ What benefits and what harms will each course of action produce, and which alternative
will lead to the best overall consequences?
This method, of course, does not provide an automatic solution to moral problems. It is not
meant to. The method is merely meant to help identify most of the important ethical
considerations. In the end, we must deliberate on moral issues for ourselves, keeping a careful
eye on both the facts and on the ethical considerations involved.
Virtue Ethics
Virtue ethics is a broad term for theories that emphasize the role of character and virtue in moral
philosophy rather than either doing one’s duty or acting in order to bring about good
consequences. A virtue ethicist is likely to give you this kind of moral advice: “Act as a virtuous
person would act in your situation.”
Most virtue ethics theories take their inspiration from Aristotle who declared that a virtuous
person is someone who has ideal character traits. These traits derive from natural internal
tendencies, but need to be nurtured; however, once established, they will become stable. For
example, a virtuous person is someone who is kind across many situations over a lifetime
because that is her /his character and not because s/he wants to maximize utility or gain favors or
simply do her/his duty.
Unlike deontological and consequentialist theories, theories of virtue ethics do not aim primarily
to identify universal principles that can be applied in any moral situation. And virtue ethics
theories deal with wider questions “How should I live?” and “What is the good life?” and “What
are proper family and social values?” Since its revival in the twentieth century, virtue ethics has
been developed in three main directions: Eudemonism, agent-based theories, and the ethics of
care.
Modernization theorist, that emerged since 1950 and 60’s argue that a wholesale change must
take place in underdeveloped countries in order to break the vicious circle of poverty, ignorance,
and low productivity. Not only the economy had to be transformed, but also the education
Focus
The basic needs approach to development call attention to the fulfillment of the basic needs
of the poorest of the poor in developing countries. It assumes that basic needs of the poor
are water, food, health and thereafter education, work, and political participation.
People constantly make choices-economic, social, political, and cultural. The ultimate aim
of development is not to create more wealth or to achieve higher growth. It is to expand the
Thus, human development is concerned with enlarging choices and enhancing their outcomes-
range of choice for every human being.
and with advancing basic human freedoms and rights. Defined in this way, human development
is a simple notion with far reaching implications. People’s choice is enlarged if they acquire
more capabilities and have more opportunities to use them. Choices are important for current as
well as future generations. For human development to be sustainable, today’s generation must
enlarge their choice without reducing those of future generations. Though, important economic
growth is a means of development-not the ultimate goal. Higher income makes an important
contribution if it improves people’s lives. But economic growth is not an end itself. Development
must be focused on people and economic growth must be equitable if its benefits are to be felt in
people’s lives.
Gender equality is at the core of human development. a development process that bypasses half
of humanity or discriminates against it limits women’s choices. By focusing on choices, the
human development concept implies that people must participate in the processes that shape their
lives. They must help make and implement decisions and monitors their outcomes. Human
security is distinct from but contributes to human development. Security means safety from
chronic hunger, disease and repression. It also means protection from sudden harmful disruptions
in the patterns of daily life. In an economic context, protects people from threats to their
incomes, food security and livelihood.
Human development treats peoples as the subject of development, not as object. It is in light of
this, the UN adopted MDGs. The goals set numerical, time-bound targets for advancing human
development in developing countries, including having extreme income poverty and hunger,
achieving universal primary education and gender equality in primary education, reducing under-
5 mortality by two –third and maternal mortality, reversing the spread of HIV/AIDS and other
major diseases, and halving the portion of people without access to safe water. These targets are
to be achieved by 2015, with reductions based on levels in 1990.
The anthropocentric view: Focuses on the utility and function of the environment to human
well-being. Scholars in this category advised us to use natural resources properly to fulfill the
existing and future needs and demands of human generation. In this respect Aristotle maintains
that “nature has made all things specifically for the sake of ma”. The statement clearly indicates
the instrumental value of environment to human beings. The contemporary environmental
Ethicists believe that current environmental crisis related to climate change and its disastrous
consequences are happening due to the mismanagement of natural resources.
The other contending view is said to be Biocentrism. This perspective endorses a view that all
living things are alike in having value in their own right independently of their usefulness to
others. Scholars in this tradition reject anthropocentrism in that the latter do not value all living
creatures. In short, anthropocentrism cares for the environment as an instrument for the well-
being of human beings; while biocentrism cares for every living creature and assigned intrinsic
values to them. The first view believed to have reflected the tradition of west philosophy where
as the second reflects East religious and philosophical foundation.