The Ethiopian Constitution

Ethiopian Research
Council

Information Series No. ■

THE ETHIOPIAN
CONSTITUTION

WILLIAM U. iSTEEN

With the aid of the
Research Staff
of the Ethiopian Research Council

Published by
The Ethiopian Research Council
Washington, D. C>C*

19 36

Et37c

Copyright, 1936
By
Ethiopian xie search Council

(Price: Thirty-five cents)

622

w

PREFACE

Prior to the Walwal incident, which led to the outbreak
of the Italo-Sthlopian war, Ethiopia was practically an un-
known land to the world-at-large ; even in academic circles,
knowledge was rare concerning its long and interesting history,

Developments growing out of the Italo-Sthiopian conflict
have centered attention on this celebrated Empire, In the
course of the past year, literally hundreds of publications
have appeared treating of various phases of Ethiopian life
and history. Up to the present, however, there has appeared
little or nothing of a detailed character concerning the
internal government of the Empire—particularly is this true
of the Ethiopian Constitution, It is doubtful indeed, if
it is generally known that Ethiopia had a Constitution. It
is a fact, however, that Ethiopia has had a written Constitu-
tion, which has served as the primary basis for the government
of the Empire, since 1931. This Constitution was the handi-
work of Emperor Haile Selassie.

Throughout the period of his regency, from 1916 to 1920,
Haile Selassie-- then known as Ras Tafari— had cherished plans
of allocating to the people of Ethiopia a larger share in the
task of governing the Empire . He had constantly and con-
sistently projected programs designed to bring the Empire
abreast with the methods of government characterizing the
more modern and progressive nations of the day. The earnest-
ness and sincerity of the ?Legent T s methods and motives in this
regard are evidenced by the fact that upon his accession to
the Imperial Throne, he promptly undertook, of his own free
will and accord, the task of perfecting a Constitution Y/hich,
one year later (July 15, 1931), he voluntarily put into effect
throughout the Empire. It is worthy of note that this was
the first instance in history where an absolute ruler had
sought voluntarily to share sovereign authority with the
subjects of his realm. As will be observed from a study of
the text of the Constitution, it was the Emperor f s aim that
the Constitution would become in time the chief Instrumental-
ity through which all sovereign and governmental authority
would be exercised.

In this monograph, there is presented to the public-at-
large, for the first time, an English translation of the text
of the Constitution, together with translations of the Decree
and the Address of the Emperor delivered on the occasion when
the Constitution was proclaimed. There is also included an
analysis of the Constitution, in which it is compared with
similar Instruments of government in other lands.

The texts of the Constitution, the Decree, and the Address,

as here presented, are based upon copies originally drawn up
in Amharic and French. For assistance in rendering these
documents into English, I wish to acknowledge my indebtedness
to Dr. Malafcu E. Bayen, and Mr. Makonnen Haile,

formerly students in America; and to Mr. Louis

of Addis Ababa,
I. Achille, of

the Department of Romance Languages at Howard University.

Appreciation is expressed also to the Research Staff of
the Ethiopian Research Council, for much valuable criticism and
many helpful suggestions.

W.M.S.

Washington, D. C.
January, 1936.

N T E I T"8

Decree proclaiming the Constitution
Address of Emperor Haile Selassie
Text of the Constitution
An Analysis of the Constitution

Page

1

3

8

18

*

DECREE

We, liaile Selassie I, Emperor of Ethiopia, having been
called, by the Grace of God and the unanimous voice of the
Ethiopian people, to receive under unction the Crown and
Throne of the Empire, do hereby acknowledge Our gratitude
to Our Creator and Our people for the confidence they have

shown in Us .

It is Our conviction that there is no better way of
expressing Our gratitude for, and proving Ourselves worthy
of, this confidence than by directing all of Our efforts
in such a way as to insure that he who comes after Us shall
be invested ,'*ith the same confidence and shall strive always
to rule Our beloved Country in a manner that will ever promote
its progress, prosperity, and welfare.

After thoughtful and prolonged deliberations upon the
best means of securing and safeguarding these ends, We have
decided that these objectives can be most effectively attained
by granting to the Ethiopian people a Constitution, based
upon the approved laws of Our native land and well-established
principles of order and justice. It is Our hope that this
Constitution will contribute to the maintenance of Our
Government and to the happiness and prosperity of Our beloved
people, and that it will be a source of pride and satisfaction

to all.

With these thoughts in mind, We do hereby, in accordance
with Our sovereign will and authority, grant this Constitution,
and in order that it may remain perpetual and immutable, We

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do decree that in the future it shall serve as the basis and
authority for tne promulgation of such additional laws as
shall be deemed necessary for upholding its principles,
attaining its objectives, and preserving the Ethiopian State .

Having received from the hands of God a high mission
for the accomplishment of Ethiopia's destinies, We have,
ever since Our accession to the Imperial Throne, held it
to be Our duty to safeguard the welfare of Our people,
and to promote their progress and advancement in th;\se
pursuits of happiness and civilization which distinguish
cultured and independent nations.

We belive that governmental action can be facilitated,
the happiness of the people assured, and peace and prosperity
promoted, all in such a way as to redound to the honor and
well-being of present and future -.generations by further
elaborations of this Constitution. It is Our hope that such
elaboration shall be carried out in the future as circumstances
require and in the spirit of the afore -mentioned objectives.

It is in this spirit that We have issued this Decree
proclaiming the Constitution, without solicitation, and of
Our own free will, in the second Year of Our reign, in the
Year of Grace, 1923 (1931).

ADDRESS DELIVERED BY HIS MAJESTY EMPEROR
HAILE SELASSIE I, IN THE PRESENCE OF THE
PRINCES AND DIGNITARIES, THE BISHOPS AND
HEADS OF THE CLERGY, EWB., OH TIE OCCASION
OF THE SIGNING OF THE ETHIOPIAN EMPIRE'S
CONSTITUTION, ON THE 9th HAMLIE OF THE YEAR
OF GRACE 1923 (July 16,! 1931).

>j;^-Y

We, who have been invested by the will of God
with the mission of protecting Ethiopia, have judged
that it was not sufficient to glorify the Almighty,
who has conferred this great honor upon Us, merely by
words nor to express our feelings by acts insignificant,
ephemeral and subject to oblivion.

Although the efforts We have made to establish
a lasting Constitution advantageous to all — a
Constitution which can be passed on to the generations
to come — are but the incomplete expression of Our
gratitude to the Almighty, We have chosen to have you
assemble here at the present hour to reveal to you the
work We have created but the accomplishment of which We
must leave to Almighty God.

Everyone Icnows that laws bring to men the greatest
benefits, and that everyone T s honor and well-being
depend upon the wisdom of the laws, whereas depravity,
shame, iniquity and denial of justice result from the
non-existence or insufficiency of laws.

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The Lord, who is above every creature, although
he possesses the omnipotence to direct everything
only according to His will, has none the less willed
to establish the law and to submit all creation to it.

He among men who is worthy of praise is he who,
animated by just sentiments, perseveres in the path
of justice and endeavors within the limit of his powers
to improve the conditions of men — if not of all of
them at least of the greater number among them.

Although divers reasons have prevented the
accomplishment of Our plan, Our constant efforts for
several years have tended to establish, among other
things, a Constitution. The idea which has so pre-
occupied Us, in view of the welfare of Ethiopia and of
Our beloved people, and which has been the object of
our untiring perseverance, is formulated as follows:

1. To grant a constitution to all the
Ethiopian people.

2. To enforce and preserve it.

The main provisions of this Constitution which we
grant to the Ethiopian people are the following:

1. Ethiopia shall remain united like the members
of one family, without divisions. It shall be ruled in
common by a Constitution and governed by an Emperor.
The strength of this accord shall be based upon the
community of interests in such a way that the
individual, without there resulting for him any loss

* 5 -

or injury, may understand the strength of union and
the advantages which he may derive from it for the
safeguard of his private interests, and at the same
time giving up any plan for personal ambition contrary
to the public welfare.

2. The law shall be enforced upon all, without
exception, -whether it rewards or punishes.

3. It is not amiss to point out that in the past
the Ethiopian people, completely isolated from the rest
of the world was in a backward state which justified
for its Sovereigns the obligation to govern it as a
good father governs his children. But the considerable
advances in all spheres of activity realised by Our
subjects, allow their Emperor to state that the grant-
ing of a Constitution is not premature, and that the
moment has come for them to collaborate in the over-
whelming task which the Sovereigns alone have hitherto
accomplished.

It is necessary that the modern Ethiopian accustom
himself to collaborate in the workings of the whole
machinery of the State. It is in this spirit that
We have resolved, in order that all those who are worthy
of it may participate therein, to set up two Houses whose
members will be appointed according to provinces at the
pleasure of His Majesty the Emperor. Decisions will
be made by majority in these two Houses, and will have
the force of law only when approved by His Majesty the
Emperor.

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4. The responsible Ministers will have the duty
of executing throughout Ethiopian territory all
decisions resulting from the deliberations of the
Houses, duly approved by His Majesty the Emperor, in
conformity with the interests of the State and of the
people •

5. With a view to eliminating all uncertainty
with regard to the succession to the Throne, and in
order to avoid causing greatest injury to Ethiopia,
the right to the Imperial Throne is reserved by this
Constitution to the present Dynasty.

6-. The ultilitarian objects of law being the
development of the progress of the people according
to the loftiest and surest principles, these laws
should be inspired by scientific methods having as
their purpose the harmonious improvement of all things.

7. The present Constitution has not been wrought
haphazardly; it is not contrary to the customs of the
country. It is inspired by and comes near the prin-
ciples of other civilized peoples. It has been studied
with the help of the Princes and Dignitaries, and with
the collaboration of Our Most enlightened subjects.

Han T s power is limited to beginning his enter-
prises, it remains with God alone to lead them to
good results. We hope to obtain the Lord r s help to
enforce this Constitution and to allow Us to accomplish
the task we have assumed.

mmmamn *<" " *• < >* ■ "xg -

7 -

Last, We wish to thank the Diplomatic and
Consular Corps for having kindly given by their
presence more splendor to the solemnity of this
happy day on which we have set Our hand to this
Constitution of Oar Realm.

oOO'

CON STITU TION 0? ETHI OPI A
ESTABLISHED IN THE hS:IG¥^0?
HIS MAJESTY" HAILS SELASSIE !•

_ O 0o

CHAPTER I.

THE ETHIOPIAN EMPIRE AND THE
SUCCESSION TO THE THRONE.

Article 1.

The territory of Ethiopia, in its entirety,
is from one extreme to the other subject to the
Government of His Majesty the Emperor.

All natives of Ethiopia, subjects of the
Empire, form together the Ethiopian nation.

Article 2 .

The Imperial Government guarantees the unity
of the territory, of the nation, and of the law of
Ethiopia.

Article 2.

It is provided by lav/ that the Imperial Rank
shall remain perpetually in the line of His Majesty
Haile Selassie I, descendant of King Sahle Selassie,
whose lineage continues unbroken from the dynasty of
Menelik I, son of King Solomon of Jerusalem and the
Ciueen of Ethiopia, sometimes called the Queen of Sheba.

Article 4

The Throne and the
to the descendants of the
of the Imperial Household.

Crown of the Empire will pass
Emperor by virtue of the lav/

Article 5.

By virtue of His Imperial Lineage as well as
by the anointment he received, the person of the
Emperor is sacred, His dignity inviolate and His
power incontestable. He therefore enjoys by right
all honors due him by tradition and in conformity with
t^c present Constitution. The Law provides that who-
ever shall dare to harm the Majesty of the Emperor
shall be punished.

0o0<

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CHAPTER II.

THE EMPTOR'S POWER All) ATTRIBUTES.

Article 6 .__

Within the Ethiopian Empire the Emperor holds
in its entirety the supreme power. He guarantees to
exercise it in accordance with the established La?:.

Art icle 7 .

The Sm-oeror of Ethiopia will establish the
Senate (Yeheggue me oucssegna flicker biet) and the
Chamber of Deouties (Yeheggue memriya meker biet).
The laws drafted by these chambers will become
effective by His promulgation.

Article 8.

It is within the power of the Emperor to call
sessions of the deliberative Chambers and to announce
the opening and closing
call sessions before or

of
after

their

sessions. He may also
the regular periods. He

m;

v dissolve the Chamber of Deputies

Article 9.

When the Chambers are not in session the Emperor
hrs the right, if needs be, to promulgate decrees hav-
ing the full force of laws in order to maintain peace
and to ward off public dangers. The law provides that
these decrees will be presented later to the Chambers
at their first subsequent session, and that they shall
be abrogated as regards farther validity if the
Chambers do not approve them.

.article 10.

Within the letter and the spirit of the laws now
in force the Emperor will give the necessary orders to
guarantee their" execution, to preserve public order,
and to develop the nation's prosperity.

Art icle i 11.

~The Emperor will determine the organization and
regulations of all the administrative departments.

It appertains to him to designate and to dis-
charge officers of the army as well as civil office-
holders, and to define their respective powers and
salaries.

» —

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Article 12 .

The right to declare war and to conclude peace
is reserved by lav; to the Emperor,

Article 13.

It is the Emperor 's right to prescribe the
number of armed forces necessary to the Empire in
time of peace as well as in war.

A rticle 14.

The Emperor has by law the right to negotiate
and to sign Treaties of every kind.

Article 15.

The Emraeror has the right to confer the title
of Prince, and other honorary titles, to make personal
land grants, and to institute new Orders.

Article 16.

The Emperor exercises the rights of pardon, of
commuting sentences, and rehabilitation.

Article 17.

If the Emperor, for reasons of either illness or
of age, becomes incapable of managing the affairs of
Government, a Regent of the Empire may J» e -^PPPinted .J.J

virtue of the Law of the Imperial Household to exercise
the supreme power in the Emperor's name.

oOo

CHAPTER III.
THE RIGHTS iCEN0T?I2a)GBD TO THE NATION

by the emperor, and tee duties incumbent
upon the nation.

Ar ticle .18.

■, The law prescribes the conditions required for
E t hi op i an nc, t tonal i t y .

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Article IS,

All Ethiopian subjects, provided they fulfil
the conditions ore scribed by the Law and by the decrees
promulgated by His Majesty the Emperor, may be
designated officers of the army or civil office-holders,
or may be appointed to any other offices or posts in
the service of the State.

Article /2Qa

All those who belong to the Ethiopian army
owe absolute allegiance and obedience to the Emperor
according to provisions of lav/.

Article 21.

The nation is held to the payment of any
legally imposed taxes.

Article 22.

Ethiopian subjects have the right within the
limits prescribed by lav; to move freely from one place
to another.

Article, 23^

Wo Ethiopian subject may be arrested, condemned
or imprisoned except by due process of law.

Article 24.

Ho Ethiopian subject may be deprived against his
will of having his case tried by the legally established
court .

Article 25.

Except in the instances for which legal pro-
vision has been made, there shall be no search of
domicile .

Artic le £6 A

Except in the instances for which legal provi-
sion has been made, no one shall have the right to
violate the secrecy of im correspondence of Ethiopian
sub j e c t s .

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Article 27.

Except in the cases of public interest fixed
by law, no one shall have the right to confiscate from
an Ethiopian subject neither his movable property nor
the real estate which he possesses.

Article 28,

The right to present petitions to the Government,
within legal forms, is recognized to all Ethiopian
subjects •

Article 29 ?

The provisions of this chapter shall not prevent
the measures which the Emperor by virtue of his supreme
power may take in case of war or public disasters
which threaten the interests of the nation.

oOo

CHAPTER IV.

THE DELIBERATIVE CHAMBERS OF THE
EMPIRE,.

Article 30,

The deliberative chambers of the Empire are
the two following; (a) the first: the Senate
(Ycheggue meouessegna mekcr bict); (b) the second:
the Chamber of Deputies (Ycheggue memriya meltcr biet).

Article 31.

His

The members of the Senate will be designated by

T.^

sty

Impcror, from among the dignitaries

(mckuanent) vvho have served the Empire for a long time
in the ranis of Princes or Ministers, Judges or Chiefs
of the army.

Article 32.

Provisionally, and until that time when the
people are in a position to elect them themselves,
the members of the Chamber of Deputies shall be
chosen from among the dignitaries (mekuanent) and
the local chiefs (choumotch).

Ar ticle 33.

Anyone who has been designated member of the
Senate may not in the same parliamentary session become

>-

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a member of the Chamber of Deputies, and anyone who
has been chosen member of the Chamber of Deputies
may not in the same parliamentary session become a
member of the Senate.

Article 34.

No law may be put into force without having
been deliberated in the Chambers, and without hav-
ing received the approval of the Emperor.

Article 35.

The members of the Chamber of Deputies will
he legally bound to accept and to deliberate bills
proposed by the Ministers of the respective
departments. However, when the deputies have a
project of possible use to the Empire or the nation,
the right to communicate it to the Emperor through
their president is reserved to them by law, and
the Chamber will consider this project should tlie
Emperor consent .

Article 36.

Each of the two Chambers shall have the right
to express separately to His Majesty the Emperor its
opinion on a legislative question or on any other-
matter. If the Emperor does not accept its opinion,
the Chamber is not allowed to bring up the same
question again in that parliamentary session.

Article 37.

The two Chambers will be summoned annually
and will sit for ___^_ months. If necessary,
the Emperor may have them remain in session for
a longer time.

Article 38.

The Chambers will be summoned for special
sessions if such is necessary. In these instances
it is the Emperor's right to fix the length of the
session.

Article 39.
The opening and closing, and the length of

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sessions and vacations, will be made identical for the
two Chambers. If the Chamber of Deputies is
dissolved, the Senate will adjourn its session until
a later time .

Article 40,

If the Emperor has exercised his right to
dissolve the Chamber of Deputies completely, he will
arrange that a new Chamber assemble within four months

Article 41.
»- ■ ■ - - .. i — ■ ... i » in i " ' ■ - • «»

Neither of the Chambers will open debates,
discuss, or vote unless two-thirds of its members
are present.

Art icle 42.

In the event that in the delibei-ations of the
Chambers, the vote is equally divided, the opinion of
the group which the president of the Chamber supports
will be the deciding one.

Article

43.

The President of the Chamber will announce in
advance whether the questions under discussion are
of a public or secret nature.

If a matter once has been declared secret any
member who brings it to the knowledge of the public
by means of speeches, the press, writings, or any
other means, shall be punished according to penal law

Article 44

The Smneror will establish in the

law the regulations
Senate and of the

controlling

the

work

Chamber

of Deputies.

form of
of the

a

S

of
of
during

Article 45.

Otherwise than in criminal eases, the trials
which cannot be delayed, no member of the Chamber
Deputies shall be subject to legal prosecution

the period of a parliamentary session.

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Article 46.

If the two Chambers reach different conclusions
in the deliberation of an important matter, the
Emperor upon receiving a written summary of their
respective opinions will investigate the reasons for
their disagreement, and when he forms his own opinion
on the matter, he will try to reach a compromise
likely to reconcile them to a final agreement,
selecting what he considers the best in the two
conclusions .

In case it is impossible to reconcile the
opinions of the two Chambers, the Emperor has by law ^
the right either to choose and promulgate the con-
clusion of one or the other, or to postpone the
question.

Article 47.

Without obtaining the consent of the Emperor
the Chambers may not invite the Ministers to their
sessions even if they feel the need to do so* As \/
for the Ministers, they may not attend the sessions
of the Chambers and take part in the deliberations
without the consent of His Majesty.

oOo

CHAPTER V.

THE MINISTERS OF THE EMPIRE.

Article 48.

The Ministers will present their opinions in
writing to His Majesty the Emperor on matters per-
taining to their respective departments; they will
be responsible for these opinions. Laws, decrees,
and all other acts issued by the Emperor on matters
of the Empire will bear the Imperial signature; and
then the keeper of the Seal (Tsafi-teezaz) will
communicate them under his signature to the
competent Minister.

Article 49 .

When the Emperor requests the opinion of the
Ministers on an important government matter, they
will deliberate together according to regulations

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before submitting it to Him.

O 0o

CHAPTER VI.
THE JUDICIARY.
Article 50.

The officially constituted fudged will
administer justice, according to the laws, in the
name of His Majesty the Emperor. The organization
of the courts will be governed by law.

Arti cle 51.

Judges shall be chosen from among men who
have had experience in judicial matters.

Article 52.

The judges shall hold court in public. In
those cases which might affect public tranquility,
or which might violate good morals, the session
may legally be held behind closed doors.

Articl e 55.

The jurisdiction of each court will be
determined by law.

Article 54.

Special Courts will hear all cases concerning
administrative matters which are outside the competence
of other courts.

oOo -

CHAPTER VII.

THE BUDGET OF THE IMPERIAL GOVERHMENT .

Article 55.

The law provides that receipts of the Govern-
ment Treasury of whatever kind shall be expended only
in conformity with the annual budget which shall decide
the amounts allotted to each department. The annual

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budget shall be prepared on the basis of the P^posalB
m-de by the Minister of Finance in the o.e liberations
of-fche Chamber of Deputies and of the Senate whose
conclusions will be submitted to the approval ox
His Majesty, the ,:Smperor.

Done at Addis Ababa, Hamlie 9th, Year of
Grace 1923 (July 16, 1931).

OoO-

AM ANALYSIS OF THE CONSTITUTION

The drafting of the Constitution, the original of which
was in the official Ethiopian language, Amharic, was done
under the direct supervision of Emperor Haile Selassie, by a
select group of foreign advisers, assisted by several of the
young Ethiopians whom the Emperor had sent abroad to be educated.

The Constitution is composed of seven chapters and fifty-
five articles. Article 1 relates to a united Empire "like
the members of one family, without divisions" • This article
relates, more specifically, to the fact that hereafter there
will be more rigid supervision by the central government at
Addis Ababa over the previously loosely controlled states of
the Empire <>

The Ethiopians are assured, -by Article 2, that there will
not be on-c lav- for the rich and one for the poor, for His
Majesty proclaims that the law "shall be enforced upon all,
without exception, whether it rewards or punishes".

By far the most important part of the whole Constitution J
is article 3, which reserves the right to the Imperial Throne
to the present dynasty., Ever since the Age of Dissolution,
it has been customary for the chieftain who could muster a
force strong enough to subject all other aspiring chieftains,
to ascend the throne as "king of kings". The Emperor T s
position has been strengthened considerably with the signing
of the Constitution by such powerful princes as those who
govern Tigre, Co j jam, and Amhara. The royal houses of these
provinces, all of which ruled over the whole of Ethiopia

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at one time, have renounced any future right to the throne >
Even the second most important member of the Royal line of
Shoa, the powerful Ras Kassa, has signed the Constitution,
thereby renouncing any future claim. "~*

Article 4 is concerned with the succession to the throne.
Under the Law of the Imperial Household, to which the
Constitution refers, succession to the throne in Ethiopia,
on the death or deposition of the Emperor, which is limited
to one of the royal line of Solomon, is inherited as to family,
but not necessarily as to individual. Under this traditional
law, the strongest or most astute member of the family rather
than the one in most direct descent may, and often does,
succeed to the Imperial crown. Thus we may have the anomaly

of a Crown Prince witnessing the crowning of another member /f

"taw -I

■2

of the family instead of himself.

There can be no system of checks on the final decisions |
of the Emperor, for Article 5 guarantees n His dignity inviolate
and His power incontestable" .

Under Chapter II — The Emperor's Powers and Attributes-
Articles 7, 8, 9 and 10 are concerned with the establishment
of a bi-cameral legislative body, a Senate and a Chamber of
Deputies. In setting up the two deliberative Houses, the
Emperor states, "It is necessary that the modern Ethiopian
accustom himself to collaborate in the workings of the whole
machinery of the State". The Emperor is given the power to
call special sessions of the Houses, as well as to announce

- 20 -

their opening and closing. The Chamber of Deputies may be
dissolved by him. It may be stated, However, that notwith-
standing the provisions herein made, the two chambers
opera. te more in a consultative than a legislative capacity.
. a similarity to the American policy of permitting the
President to make "recess" appointments when Congress is not
in session, may ce seen in Article 9, which grants the
Smperor the right of promulgating decrees having the full force
of law when the Chambers are not in session. Any decrees so
promulgated are to be submitted to the Chambers at their
subsequent session, and arc to be regarded as abrogated and
invalid if they are not approved. __

The whole burden of coordinating administrative and jJ
personnel matters is placed squarely upon the shoulders of the
Smperor for, under article 11, not only must he "determine the
organization and regulations of all the administrative
departments", tut it falls to his lot to "designate and to
discharge officers of the army as well as civil office-holders,
and to define their respective powers and salaries." This
^~yr>Q-rs to be the continuation of a previous policy. ^

Unlike the head of the iunerican Government, the Smperor
say declare war, conclude peace, and negotiate and sign
treaties without the usual advice and consent of the
legislative bodies.

The Emperor retains the right to confer titles, such as
Eas, Dedjasmatch, Fitaurari, etc., and to make land-grants.

- 21 -

Article 15 merely constitutionally s the old system of allott-
ing provinces and sub-provinces to the deserving chieftains.

Article 17 is reminiscent of the days of Menelik and Lij
Yasu, for it provides for the appointment of a Regent to
exercise the supreme power in the Emperor's name, in ease he
becomes incapacitated by reasons of illness or old age.

Chapter III of the Constitution, which comprises articles
18 to 29, concerns itself with "The Rights Acknowledged to the
Nation by the Emperor, and the Duties incumbent upon the
nation". The most important part of this chapter appears to
be Articles 22 to 27 inclusive, which tend to incorporate a
modification of the American conception of "life, liberty,
and the pursuit of happiness". The Ethiopian peoples are
granted the limited right of moving freely from one place to
another, and may not be arrested, condemned or imprisoned
"except by due process of law". The subjects are guaranteed
that they shall not be deprived, against their will, of
having their cases tried by legally established courts, or
be subject to unlawful visit and search of their domiciles,
or have the secrecy of their mail violated, "except in the
instances for which legal provision has been made". The
Constitution further assures the Ethiopian that no one shall
have the right to seize him, or confiscate any movable
property and real estate which he may possess "except in the
cases of public interest fixed by law".

Chapter IV, comprising Articles 30 to 47, concerns itself

- 22 -

with tiic operations of "The Deliberative Chambers of tiic
Empire", which were established in Article 7.

Provision is made under Article 31 for the appointment
of the members of the Senate by the Emperor. These members
arc to be chosen from among those who have served the Empire
for a long time "in the ranks of Princes or Ministers, Judges
or Chiefs of the army". While in theory the Lower House is to
be elected by the people, the next article provides that they
shall be chosen from omfrg the lesser officials and minor
chiefs "until that time vilien the people are in a position
to .xuot them themselves". The Constitution does not state
who is to do the choosing of the members of the Chamber of
Deputies.

Tm American Congress has the right to pass legislation
over the veto of tiic president. But the Ethiopian legisla-
ture has no such power for Article 34 provides that "Ho law
may be put into force without having been deliberated in the
Chambers, and without having received the approval "of the
Empcrer".

The Ministers of the various departments are permitted to
submit propositions to the Chamber of Deputies which "it is
legally bound to accept and to deliberate . ...»

article 37 which provides for the annual meeting of the
Chambers, is an anomaly, for it is incomplete. Officially,
therefore, no definite time has been provided in the Consti-
tution for the Chambers to sit. Subsequently, however, it was

decreed that the Chambers should sit annually from November
to May. The length of the sessions are identical for both
Chambers.

In Britain the House of Commons may be dissolved at any-
time by the crown en the advice of the whole cabinet. In
France the president may dissolve the Chamber of Deptuties if
the Upper House concurs. The American House of Representatives
cannot be dissolved under any circumstances. But the
Ethiopian Chamber of Deputies may be dissolved by the Emperor
on his own authority without the advice or consent of any-
body. When the Chamber is dissolved, Article 29 provides
that the Senate "will adjourn its session, until a later time".

An important part of any constitution is that which-
designates the number of members for each of the Chambers.
Article 41 provides that no proceedings may take place in
either Chamber unless two-thirds of its members are present,
but nowhere in the whole Constitution is provision made for
the number of members which each Chamber is to have I It was
subsequently decreed, subject to modification, that the
Senate should consist of 27 members, and the Chamber of
Deputies forty-two or mere.

Under Article 47 the Ministers are prohibited from visit-
ing the Chambers and from participating in their deliberations,
without first obtaining the consent of the Emperor.

Chapter V is devoted to the individual and collective
duties of the Ministers of the Empire. Each Minister is

- 24 -

responsible for the written opinions on the natters pertain-
ing to Ms department, which he submits to the Emperor. The
collective duty of the Ministers is provided for in Article 49
which stipulates that on the request of the Emperor for their
opinion on natters of importance to the Government, "they
will deliberate together according to regulations before
submitting it to Him".

The Judiciary is given consideration in Chapter VI. The
judges shall, as in former times, hold court in public, except
in those cases which might "affect public tranquility", or
which night "violate good morals".

Cases involving foreigners arc not mentioned in the
Constitution, but such cases will probably be taken care of
under article 54, which provides Special Courts for the
hearing of all cases "relating to administrative matters which
are outside the competence of other courts". The Emperor
remains, of course, the final appeal in the Court of Law.

Without a sound financial policy at the center, it would
be impossible to raise the country out of its feudalistic
state. To this end the Emperor has sought the help of c.n
American as financial adviser. The State Bank, formerly a
British institution, has been taken over by the Ethiopian
Government. A currency system has been introduced, and the
. Bank of Ethiopia has recently begun to issue paper currency
based on the silver content of the Maria Theresa thaler, the
standard money of Ethiopia for many years. The fractional

-25-

coins of Menelik's tine have been replaced by a decimal
coinage in nickel and bronze. Through the aid cf the adviser,
taxing is being systematized.

The influence of the American financial adviser manifests
itself in the final Article of the Constitution which provides
for the drawing up cf an annual budget to which the expendi-
tures of the Government Treasury are to conform.

The Ethiopian Constitution is notable for its omissions,
the most conspicuous of which is the lack of a provision for
amendments .

There has been much comment in America recently concern-
ing our "horse and buggy" Constitution. It has been stated,
too, that the framers of our Constitution could not see far
enough ahead.

It cannot be said that Emperor Hailc Selassie "could no*
see far enough ahead." He could see the pitfalls inherent
in a constitutional monarchy, especially for a people who were
not <iuite ready to assume tiic burden of Government. In pro-
claiming the Constitution, he decreed that "in the future it
shall servo as the basis and authority for the promulgation
of such additional laws as shall be deemed necessary f&r up-
holding its principles, attaining its objectives, and pre-
serving the Etniopian State."

The Emperor could see that elasticity in a modern consti-
tution is one of the characteristics which distinguish
"cultured and independent nations." With respect to the

26 -

elasticity of the Ethiopian Constitution, attention is
directed to a very significant sentence in the Decree pro
claiming the Constitution:

"It is Our hope that such elaboration
shall be carried out in the future as
ci rcumstances require , and in the
afor e -mentioned ob jeetives."