Assessing Law Making Process, Law Makers and The Value of Laws in Gadaa Democracy

Abstract

Africa in general has been known for centuries by its repressive governance system in the history of world politics, whereas the origin of democracy, human rights, constitutionalism and rule of law is considered as the western political culture, and therefore, many political scientists believe that these concepts are totally un-African. The assumption is that the law makers and law-making process in Africa in particular and the system of governance in general is undemocratic. Factually, the prevailing practices also prove this position in many ways. However, the Gadaa oriented system of governance disproves this position. Thus, this Article argues that the Gadaa system contains the principles of constitutionalism and democracy in its classical platforms. Accordingly, the main objective of this Article is to examine the form of constitutionalism and legitimacy of law-making and law makers in the Gadaa system. It assesses the legitimacy of law making-process, the law makers and the value of laws in the Oromo Gadaa system in comparison with the modern principles of constitutionalism. To achieve its objectives, this Article has used mainly a doctrinal method. Additionally, this Article follows descriptive and analytical research method; thus, it has analyzed how one can utilize the principles of the Gadaa system as a modern constitutional principle. For this reason, its methodology is a qualitative one. Thus, in conclusion this Article argus that the principles of Gadaa governance will be utilized as stepping stone for redeeming the modern Ethiopian constitutionalism and democracy.