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.