Constitutionalism and Democratic Governance in Africa: - PULP

3
4
9 A new (legitimate) constitution in Tanzania:
A people’s appeal 44
10 The constitutional review Act 2011: A knock at
the door 47
11 Conclusion 51
From the ‘TPLF Constitution’ to the ‘Constitution
of the people of Ethiopia’: Constitutionalism and
proposals for constitutional reform
Adem Kassie Abebe
1 Introduction: The genesis of constitutionalisation
in Ethiopia 51
2 The making of the Federal Democratic Republic of
Ethiopia (FDRE) Constitution: Its inclusiveness
and some implications 54
3 Constitutionalism: Constitutional principles and
compliance 57
3.1 Decentralisation 58
3.2 Sovereignty of the nations, nationalities and
peoples (ethnic groups) 60
3.3 Human and democratic rights 62
3.4 Transparent and accountable government 67
3.5 Separation of state and religion 69
4 Major factors that have hampered constitutionalism
and constitutional development 70
4.1 Increasing authoritarianism and the party-state
conflation 71
4.2 Lack of independent and reliable constitutional
adjudication system 74
5 Proposals for a possible constitutional reform
agenda 79
5.1 Parliamentary versus presidential form of
government 80
5.2 The first-past-the-post electoral system 81
5.3 Term limits on the position of the Prime Minister 81
5.4 Changing the constitutional adjudication system 83
5.5 Public ownership of land 83
5.6 Abolishing or empowering the Office of the
President? 84
6 Concluding remarks 85
Constitution-making in Eritrea
Simon M Weldehaimanot
1 Introduction: Higher law and fine-tuning 89
2 Contestation in Eritrea: Amendment against new
constitution-making 91
3 Abrogation of the 1952 Constitution and the
notion of a higher law 94
3.1 The 1952 Constitution on amendments 94
3.2 Amendments sought and their legality 96
3.3 The federation: a delicate balance 100
3.4 Lack of arbiter in the constitutional design 102
4 The trashing of the 1997 Constitution 104
iv