CHAPTER FOUR

CONSTITUTION, DEMOCRACY AND

HUMAN RIGHTS
___________________________________
Lecture Notes
Course Title: Morality and Citizenship Education
Course Instructor: Fiseha G.
Department of Civics and Ethical Studies, Salale University
Chapter Outline
 Constitution
• Meaning
• Features
• Purposes
• Classification
 Democracy
• Meaning
• Democratization
• Actor of democratization
 Human Rights
• Meaning
• Basic features
• Classification
 4.1. CONSTITUTION
What is Constitution?
 It consists of fundamental laws of a country.
 It is a document containing essential principles on
distribution of governmental powers as well as rights and
responsibilities of citizens.
 It indicates economic, political and social policies of a
given country.
 Yet constitution is different from specific laws, because it
is the highest law of a given country.
 Generally, Constitutions are sets of laws, but they are
very special ones that lay out the most important
institutions and offices of the state and define their
formal powers
 Constitutionalism
 Constitutionalism is the doctrine that governments should be
faithful to their constitutions because the rules and laws so provided
are all that can protect citizens’ rights from arbitrary actions and
decisions of the government.
 Constitutionalism is based on the notion of a supreme law which
governs the jurisdiction and powers of state institutions and
determines the limits and mode of their exercise.
Major Characteristic Features of a Constitution
1- Generality
 Sets out general framework of the law and the government.
2- Permanency
 Unlike ordinary laws constitution is made for undefined period of
time. That means constitution serve for a long lap of ages.
3- Supremacy
 They are supreme laws, taking precedence over all others, and
defining how all the others should be made.
 It is mother law of the land
Purposes and Functions of Constitution
 A constitution is charter of government

 The constitution is a job description

 Put limits on the powers of government and rights protection

function

 The constitution is a commitment device

 The constitution as covenant, symbol, and aspiration

 Classification of Constitutions
 Constitutions are classified into different categories using different
criteria:

A. Based on form: Written/Codified & Unwritten/Uncodified

B. Based on complexity of amending process: Rigid & Flexible

C. Based on degree of practice: Effective & Nominal

D. Based on the kind of state structure: Federal & Unitary

A. Based on Form
1) Written Constitution
 Whose all provisions exist written in form.
 Are embodied or codified in a single formal written instrument or
instruments.
 It serves as a supreme law of the state.
 Most states in the world have a written constitution
 For example, India, Kenya, Ethiopia, USA, Germany, Brazil,
Indonesia, Jordan, Venezuela and Nigeria
 Written constitution has certain merits and demerits.
 Merits of Written Constitution
 It is easily accessible to citizens that enable them to monitor the
behavior of their government thus preventing the emergency of
dictatorship
 Citizens can easily learn about their rights and duties and the basic
laws governing the patterns of political processes of their nation.
 It is full of clarity and definiteness because the provisions are written
in detail.
 It has the quality of stability, since people know the nature of
constitutional provisions , they feel a sense of satisfaction
 Demerits of written constitution
 It creates a situation of rigidity- it leads to the development of a
conservative attitude.
 It becomes difficult to change- as such the possibilities of mass
upheaval are increased.
 Written constitution is not easily adapted to a new situation or
changing circumstances.
Based on Form…
2) Unwritten Constitution
 Are not written down in any single document.
 Exist in the form of usages and customs.
 It consists of customs, conventions, traditions, and some written laws
bearing different dates.
 It is made up, largely of customs and judicial decisions.
 There are few states with unwritten constitution in the world.
 Example: United Kingdom, Canada, New Zealand, Saudi Arabia,
Israel, San Marino, Northern Ireland
 Merits of Unwritten Constitution
 It has the quality of elasticity and adaptability. people may adapt
them in response to the new constitution.
 It is so dynamic that it prevents the chances of popular uprisings.
 can absorb and also recover from shocks that may destroy a written
constitution. It looks like a natural outgrowth of a national life .
 Demerits of Unwritten Constitution
 It is not easily accessible to the public
 It is difficult to create awareness through education on the
fundamental constitutional rights and duties of citizens
 It leads to situations of instability. they are always in a state of flux as
per the emotions, passions and fancies of the people.
 It leads to the state of confusion
 Unwritten constitution may be suitable to a monarchical or
aristocratic system.
B. Based on complexity of amending process
1) Rigid Constitution
 A constitutional amendment bill must be passed by the parliament by
special majority.
 Then it is to be approved either by the provincial units or by the
people in a referendum or both.
 A more difficult procedure of constitutional amendment is the one
which requires a national referendum.
 A referendum is the process of direct voting by citizens to support or
rejects at constitutional amendment or other major national issues.
Ex. USA, Australia, Denmark and Switzerland .
Based on complexity of…
2) Flexible Constitution
 No special required procedure for amending a constitution.
 Is the one which requires an absolute majority (two thirds support)
in the parliament.
 It is very simple and convenient,
 Is one that adapts easily and immediately to changing circumstances
 Example. United Kingdom and New Zealand
C. Constitution based on degree of practice
1) Effective Constitution
 Denotes to a situation in which government/citizens practices
correspond to the provisions of the constitution.
2) Nominal Constitution
 The constitution accurately describes government‘/citizens‘ limits yet
in practice either or both fail to behave accordingly.
 In short when the constitution only remains to have paper value or
when there is absence of constitutionalism
D. Based on the forms of state structure
1. Federal Constitution
 Federal constitution is one that distributes power among the
different units of a state administration.
2. Unitary Constitution
 State power is concentrated in the hands of the central government.
 4.2. Democracy
 The word democracy is a term that comes from Greek and it is made
up with two words demos, which means people and kratos, to mean
to govern, to rule.
 Therefore, Democracy is ‘rule by people’
 According to Abraham Lincoln, “Democracy is government of the
people, by the people and for the people”.
 There are two ways of exercising democracy. These are:
1) Direct and
2) Indirect (representative) democracy.
1) Direct democracy
 All people who have the right to, should actively participate in the
system so that any law passed does have the support of the majority.
 It is also know as pure / classical democracy. Every decision
concerning the government is decided based on popular vote.
 This kind of democracy was mainly practiced in Ancient Greece city
states.
2) Indirect democracy
 This is the modern type of democracy that we have today.
 It is where citizens within a country elect representatives to make
decisions for them.
 The whole people cannot directly participate in their own affairs but
through their representatives, which are periodically elected by the
people themselves.
 Principles of Democracy
1. Popular Sovereignty
2. Constitutional Supremacy
3. The Rule of Law
4. Secularism
5. Separation of Powers
6. Multiparty System
7. Free, Fair and Periodic Election
8. civilian government and peaceful transition of political power
9. Majority Rule Minority Right
10.Protection and Promotion of Human Rights
 Democratization
 Democratization refers to the institutionalization and routinization of
democratic ideals and principles and their effective functioning.
 It involves the emergence of the formal elements of a democratic political
system such as the recognition of basic rights, multiparty system, electoral
system and etc.
 It is a transition from authoritarian regime to a democratically elected
regime.
 There are three stages in democratization:
i. The removal of the authoritarian regime,
ii. Installation of a democratic regime, and
iii. The consolidation, or long-term sustainability of the democratic regime.
 Actors of Democratization
Political Parties
 Media
Civic Societies
 4.3. Human Rights
Meaning of Human Rights
Human rights are commonly understood as "fundamental rights to
which a person is inherently entitled simply because she/he is a
human being."
The UDHR (1948), defines human rights as “rights derived from the
inherent dignity of the human person.”
They attach to all persons equally, by virtue of their humanity,
irrespective of race, nationality, or membership of any particular
social group.
 Basic Features of Human Rights
 Human rights are universal-They are rights to which every human being
is entitled irrespective of their difference.
 Human rights are natural and inalienable- As they are derived from
inherent dignity of human beings, human rights exist by nature. They
are neither given nor deprived.
 Human rights are interrelated, interdependent and indivisible-The
respect for human dignity requires the recognition and respect of the
civil, political, economic, social, cultural and other demands. All
different sets of human rights shall be recognized, respected and
protected equally.
Cont’d…
 Human rights are eternal- As far as human society exists,
human rights continue to exist. In addition, any change in
government and any change in social, political/economic
outlooks do not have any impact on human rights.
 Human rights contain the principles of equality and non-
discrimination- There are no human beings who are more
than others. They have all equal dignity. Therefore, equal
dignity requires equal respect and treatment.
 Human rights are not absolute- Rights are subjected to
limitations/restrictions whenever it is necessary to protect
some legitimate public or individual interest. For instance,
the right to freedom of expression can be restricted to
protect national security, public order, public morals, or the
reputations/rights of others.
 Classifications of Human Rights
 Human rights may be classified in different ways.
1) Depending on right holder
i. Individual rights- rights that belong to an individual alone and
exercisable by individuals without any interference of
anybody including the state. E.g. right to life and liberty.
ii. Group rights- rights that are enjoyed by a group. E.g.
right to self determination.
2) Depending on state obligations
i. Positive- requires positive involvement of government. E.g.
Right to health
ii. Negative- prohibit government from interference. E.g. Right
to liberty
Cont’d…
3) Depending on time of their development
I- First generation- civil and political rights
 They are primarily the result of the 17th and 18th century
reformist theories associated with the English, American and
French Revolution.
 Examples:
• The right to life
• The right to liberty and security
• The right to equality
• The right to privacy
• Freedom of movement
• Freedom of opinion and expression
• Freedom of peaceful assembly and association, etc
Cont’d…
II- Second generation- social, economic and cultural rights
 The origin of this generation of rights is associated with
the socialist movements of the 19th century and the 1917
Bolshevik Revolution.
 Examples:
• The right to work and the ‘right in work’
• The right to form/join trade unions
• The right to education
• The right to social security
• The right to health
• The right to adequate standard of living
• The right to participate in cultural life, etc
Cont’d…
III- Third generation rights- group/solidarity rights
 Some of these rights are associated with the emergence of
Third World nationalism and its demand for global
redistribution of power, wealth and other values.
 Examples:
• The right to self-determination
• The right to development
• The right to participate in and benefit from the ‘common heritage
of mankind’
• The right to peace
• The right to healthy and balanced environment
• The right to humanitarian disaster relief
• The right to one’s own natural resources, etc.
State Obligation towards Human Rights
 As far as Human Rights are concerned state has three
major obligations
i. Obligation to Respect- Refrain from interfering with the
enjoyment of the right
ii. Obligation to protect- Prevent others from interfering
with the enjoyment of the right
iii. Obligation to fulfill-Adopt appropriate measures towards
the full realization of the right