Dual Constitutions and Concurrence of Constitutional Powers in Ethiopia: Who Has the Mandate to Determine Particulars by Law?

Abstract

Federations vary in the crafting of their constitutions. These variations range from those federations whose constitutional distribution of power is too comprehensive, including details normally articulated in ordinary legislation, to those federations whose constitutions endeavor to demonstrate the major tasks of government in a holistic manner. In those federations which follow the latter trend, only the major issues are stated in their constitutions. The Ethiopian practice resembles the second model. After incorporating major issues explicitly, the FDRE Constitution leaves the details to be determined by ordinary legislation. The same arrangement is observed in regional states‟ constitutions. The issue therefore is who has the mandate to determine the details through legislation: the federal or regional governments? This article explores how the Constitution provides in what manner the particulars shall be determined by law and attempt to indicate who has the mandate to do that.