Malcolm Rivera
The 1931 Constitution of Ethiopia was the country's first modern written constitution, establishing a bicameral parliament called the Deliberative Chambers. It was promulgated in a ceremony held on 16 July 1931, in the presence of Emperor Haile Selassie, who aimed to share sovereign power with his subjects. The constitution had two primary objectives: consolidating and centralizing the Emperor's power by limiting regional leaders, and modernizing Ethiopia by portraying it as a modern state. While it established parliament and a collective executive branch, the parliament was largely powerless and served as a figurehead for the absolute monarch, Emperor Haile Selassie I. The 1931 Constitution consisted of a decree proclaiming the constitution and seven chapters divided into 55 articles, detailing the Ethiopian Empire, succession to the throne, and the rights of the Ethiopian people.
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What You'll Learn
The first modern constitution
The 1931 Constitution of Ethiopia was the country's first modern written constitution. It was promulgated in a ceremony held on 16 July 1931 in the presence of Emperor Haile Selassie, who had long desired a constitution for his country. This constitution replaced the Fetha Nagast, which had been the supreme law since the Middle Ages.
The 1931 Constitution was significant as it established a bicameral parliament called the Deliberative Chambers. This was a notable innovation, although the parliament was largely powerless and served more as a figurehead than a body with any real authority. The constitution's two main goals were the consolidation and centralisation of the Emperor's power, and modernisation, by portraying Ethiopia as a modern state.
The constitution consisted of a decree proclaiming the constitution and seven chapters divided into 55 articles. The contents of the chapters covered topics such as the Ethiopian Empire and the Succession to the Throne, with five articles stating that Ethiopia is the domain of the Emperor, who must be a descendant of "His Majesty Haile Selassie I, descendant of King Sahle Selassie, whose line descends without interruption from the dynasty of Menelik I, son of King Solomon of Jerusalem and of the Queen of Ethiopia, known as the Queen of Sheba".
The 1931 Constitution also established Special Courts, which were required by the Klobukowski agreement of 1906, and gave foreigners extraterritoriality in Ethiopia, exempting them from Ethiopian law and the country's justice system. Additionally, it required the Government Treasury to set an annual budget, which directed how the government spent its money.
While the 1931 Constitution was a step towards modernisation and the codification of rights for the Ethiopian people, it also revealed heavy traditionalist influences. The Emperor retained absolute authority and could amend the constitution through imperial decree, giving him immense power to shape the nation's future without much need for popular approval. The social hierarchy of nobility and aristocratic families also continued to play a dominant role in political life, with the land-owning aristocracy holding on to much of their political influence.
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Consolidation of the Emperor's power
The 1931 Constitution of Ethiopia was the country's first modern written constitution, establishing a bicameral parliament called the Deliberative Chambers. The constitution had two primary goals: the consolidation and centralisation of the Emperor's power, and modernisation by portraying Ethiopia as a modern state.
The 1931 Constitution strengthened the centralised power of Emperor Haile Selassie I, who had long desired to proclaim a constitution for his country. The document consists of a decree proclaiming the constitution and seven chapters divided into 55 articles. The first five articles of the constitution's first chapter, 'The Ethiopian Empire and the Succession to the Throne', establish that Ethiopia is the domain of the Emperor, who must be a descendant of Haile Selassie I, whose lineage stems from an uninterrupted line of succession from Menelik I, son of King Solomon of Jerusalem and the Queen of Sheba.
The 1931 Constitution established parliament and a collective executive branch, but the parliament was largely powerless and served as a rubber stamp for the absolute monarch. The Emperor retained the authority to issue laws in the form of proclamations and decrees, and the power to amend the constitution through imperial decree, allowing him to shape the nation's future without much need for popular approval.
The 1931 Constitution also established Special Courts, which were required by the 1906 Klobukowski agreement, to exempt foreigners from Ethiopian law and the country's justice system. The constitution further required the Government Treasury to set an annual budget, directing how the government would spend its money.
While the 1931 Constitution represented a step towards modernisation for Ethiopia, it also reflected the country's heavy traditionalist influence at the time. The constitution's policy formally ended with the Italian occupation, and it was superseded by a new constitution in 1955, during Emperor Haile Selassie's Silver Jubilee.
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Modernisation of the state
The 1931 Constitution of Ethiopia was the country's first modern written constitution, marking a significant step towards modernisation and a shift from the Fetha Nagast, which had been the supreme law since the Middle Ages. Emperor Haile Selassie I played a pivotal role in its promulgation, aiming to codify a legal canon and transform the nation.
The constitution established a bicameral parliament, known as the Deliberative Chambers, which was a notable innovation. However, it is important to note that this parliament had limited power and largely served to consolidate and centralise the Emperor's authority. The constitution's articles outlined the Ethiopian Empire and the succession to the throne, reinforcing the Emperor's dominance.
One of the key aspects of modernisation was the establishment of a collective executive branch, which indicated a move towards a more contemporary political system. Additionally, the constitution required the Government Treasury to set an annual budget, providing direction to government spending. This financial regulation contributed to the country's administrative development.
The 1931 Constitution also addressed the rights of the Ethiopian people, which was a progressive step forward. However, some critics argue that these rights were limited in scope. Emperor Haile Selassie I's subsequent abolition of slavery in the 1940s further exemplified his innovative approach, challenging traditionalist norms.
While the 1931 Constitution embodied both traditionalism and innovation, it laid the groundwork for future advancements. The 1955 constitution, for instance, introduced a bicameral parliament with a House of Nobles (senate) and a Chamber of Deputies. Furthermore, the 1994 Constitution reflected a more pronounced shift towards innovation, institutionalising democracy, decentralisation, and ethnic federalism, despite its controversial impact on ethnic tensions.
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Establishment of parliament
The 1931 Constitution of Ethiopia was the country's first modern written constitution. It was intended to officially replace the Fetha Nagast, which had been the supreme law since the Middle Ages. The constitution had two main goals: the consolidation and centralisation of the Emperor's power by limiting regional leaders, and modernisation by portraying Ethiopia as a modern state.
The establishment of a bicameral parliament, called the Deliberative Chambers, was a key innovation of the 1931 Constitution. This was the first instance in Ethiopian history where an absolute ruler had voluntarily sought to share sovereign power with the subjects of his realm. Emperor Haile Selassie I's first constitution revealed Ethiopia's heavy traditionalist influence at the time, but it also immensely transformed and advanced the country by codifying the rights of its people.
The parliament was convened for the first time on 3 November, the anniversary of the Emperor's coronation. However, it is important to note that the parliament was largely powerless and served as a rubber stamp for the absolute monarch. The constitution strengthened centralisation under the Emperor more than establishing democratic institutions.
The authority of the parliament was not officially recognised until the proclamation 34/1943. Laws were issued under the authority of both the Emperor and the parliament until February 1944, when the sole authority of the Emperor was once again asserted. The parliament resumed its sessions in November 1944.
The 1931 Constitution was superseded at the time of Emperor Haile Selassie's Silver Jubilee in 1955, when a new constitution was promulgated. This constitution included the establishment of a bicameral parliament, composed of the House of Nobles (senate) and the Chamber of Deputies.
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Abolition of slavery
The 1931 Constitution of Ethiopia was the country's first modern constitution, marking a significant shift towards modernisation and innovation. One of the key innovations of this constitution was its role in the abolition of slavery, a practice that was deeply rooted in Ethiopia's traditional society.
The constitution played a pivotal role in this process by providing a legal framework to support the emancipation of slaves. It amended the existing law, reducing the transition period before a slave whose master had died could be freed to just one year. This amendment represented a significant step towards the ultimate goal of abolishing slavery.
Furthermore, the constitution mandated that children born to slaves would be free, marking a departure from the previous practice of automatically enslaving these children. This provision extended beyond freedom to include rights in education, employment, military service, and civil service. The constitution also included welfare provisions for emancipated slaves, such as a seven-year tax holiday to help them establish themselves.
The 1931 Constitution built upon earlier efforts by Emperor Haile Selassie to eradicate slavery. As early as 1923, then Ras Teferi, he issued a proclamation outlawing slave raiding and imposing penalties on local administrators who failed to enforce the law. This proclamation made slave raiding a capital offence and held governors, chiefs, and headmen accountable for slaves stolen from their areas.
However, despite these progressive measures, the abolition of slavery in Ethiopia was a gradual process. The country had committed to the League of Nations to phase out slavery over a ten-year period, but it faced challenges due to the deep-rooted nature of the practice. Emperor Haile Selassie's diagnosis of the issue was twofold: the lack of enforcement mechanisms and the enormity of the problem due to its traditional roots.
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Frequently asked questions
The 1931 Constitution of Ethiopia was the country's first modern written constitution, establishing a bicameral parliament called the Deliberative Chambers. It was intended to officially replace the Fetha Nagast, which had been the supreme law since the Middle Ages.
The 1931 Constitution of Ethiopia had two main goals: consolidation and centralisation of the Emperor's power by limiting regional leaders, and modernisation by portraying Ethiopia as a modern state. It established a bicameral parliament and a collective executive branch, although the parliament was largely powerless and served as a rubber stamp for the absolute monarch, Emperor Haile Selassie I.
The 1931 Constitution of Ethiopia was under the absolute authority of the Emperor, with restricted suffrage. It ended with the Italian occupation of Ethiopia and was superseded by a new constitution in 1955.
