Structure & Division of Powers

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CHAPTER 9

CHAPTER 10

CHAPTER 11

 Article 50

Structure of the Organs of the State

1. The Federal Democratic Republic of Ethiopia comprises the Federal State and the State members.

2. The Federal State and the States shall have legislative, executive and judicial powers.

3. The Council of Peoples’ Representatives is the highest authority of the Federal Government. The Council is responsible to the people. The State Council is the highest organ of State authority. It is responsible to the people of the State.

4. State government shall be established on the basis of state and other jurisdictions that they find necessary. The State Council may, however, establish additional levels of jurisdiction. The States shall accord the lowest unit if government such powers as will enable the people to participate directly in their self-determination.

5. The State Council has the power of legislation on matters falling under State jurisdiction. Consistent with the provisions of this Constitution, it shall draft, ratify and amend a state constitution.

6. The State Administration constitutes the highest organ of executive power.

7. State judicial power is vested in its courts.

8. Federal and State powers are defined by this Constitution. States shall respect the powers of the Federal State.

9. The Federal State may delegate to the States powers and functions granted to it by Article 51 of this Constitution. The States may, likewise, delegate to the Federal State powers and functions granted to them by the Constitution.

Article 51

Powers of the Federal State

1. It shall protect and defend the Constitution.

2. It shall formulate the country’s policies in respect to overall economic and social development; it shall draw up and implement plans and strategies of development.

3. It shall establish national standards and basic criteria for the evaluation of policies in public health, education, science, technology, culture as well as for the protection and preservation of historical legends.

4. It shall formulate and execute the country’s financial, monetary and foreign investment policies.

5. It shall enact laws for the utilization and protection of land and other natural resources, historical sites and objects.

6. It shall establish and administer national defense and public security forces as well as a federal police force.

7. It shall administer the National Bank, print and borrow money, mint coins, regulate foreign exchange and money in circulation. It shall determine by law the conditions and terms under which States can borrow money from internal sources.

8. It shall formulate and implement foreign policy. It shall negotiate and ratify international agreements.

9. It shall be responsible for the development, administration and regulation of air, rail, waterways and sea transport and major roads linking two or more States, as well as for postal and telecommunications.

10. It shall levy taxes and collect duties on revenue sources granted to the Federal State. It shall draw up, approve, and administer the Federal budget.

11. It shall determine and administer the utilization of the water of lakes linking two or more States or of rivers crossing the boundaries of two or more states.

12. It shall regulate inter-State and foreign commerce.

13. It shall administer and expand all federally funded institutions and programs that provide services to two or more States.

14. It shall deploy, at the request of State authorities, Federal defense forces to arrest a deteriorating security situation within the requesting State when its authorities are unable to control it.

15. It shall enact, in order to give practical effect to political rights provided for in this Constitution, all necessary laws governing political parties and elections.

16. It has the power to proclaim and to lift national states of emergency and states of emergencies limited to certain parts of the country.

17. It shall, likewise, determine and administer matters relating to nationality and citizenship.

18. It shall determine and administer all matter s relating to immigration, the granting of passports, entry into and exit from the country, refugees, and asylum.

19. It shall patent inventions and protect copyrights.

20. It shall establish uniform standards if measurement, and calendar.

21. It shall enact laws regulating the possession and the bearing of arms.

Article 52

State Powers and Functions

1. All powers not given separately to the Federal Government, or powers not given expressly and concurrently to the States and the Federal State, are reserved to the States.

2. Consistent with sub-Article 1, States shall have the following powers:

(a) To establish a State administration that best advances self-rule, a democratic order on the supremacy of the law, and the protection and the defense of the Federal Constitution.

(b) To enact and execute constitutions and other laws.

(c) To formulate and execute policies, strategies and plans for their economic and social development.

(d) To administer land and the use of other natural resource in accordance with Federal laws.

(e) To levy and collect taxes and duties on revenue sources allocated to the States and to draw up and administer State budgets.

(f) To enact laws on administrative matters and on conditions of services of state employees. In the implementation of this responsibility it shall ensure that educational, training and experience requirements for any administrative position.

(g) To establish and administer a state police force, and to maintain public order and peace within the State.