Re-examining the Philosophy of Constitutionalism and Governance in the Gadaa Republic of the Oromo People

Abstract

Constitution and government are the different faces of the same coin in any political ideology. Since, Constitution is an instrument through which a government governs its citizens. However, a constitution may be either democratic [legitimate or accepted] one; or undemocratic [illegitimate or not accepted] one by the people at large in certain country. Accordingly, the legitimacy or acceptance of certain constitution is based on its making process, contents and practices/implementations in a certain state. Thus, if its making process is participatory; if  it consists of fundamental human rights and democratic principles in its contents; as well as, if it is implemented practically by the government; a constitution is legitimate or accepted constitution, if not it is an illegitimate one. Therefore, constitutionalism is the act of governing the nation based on the basic principles of a legitimate Constitution. Consequently, this Article gives its emphasis to re-examine the extent of constitutionalism in Gadaa republic of the Oromo people. Its main objective is to assess the prevailing opportunities and challenges in the making process, contents and practices of Gadaa Constitution to ensure constitutionalism. Additionally, it excavates the reason why these Gadaa principles of governance have been never evolved to the zeal of modern Constitutional Principles. Furthermore, it has checked for its compatibility with the modern constitutional world and thereby to redeem the gaps/inconsistencies if any through recommending. To achieve its purpose, this Article has employed a qualitative methodology which includes review of related literatures, analyses of legal documents, Gadaa Constitutional Principles, Internationally Recognized Human Right Instruments, and philosophy of the Oromo in various aspects. The findings of this research has illustrated that the supreme authority belongs to the people at large in Gadaa republic not vests in the hand of the government officials or leaders. Accordingly, law is above all including Abbaa Gadaas (who are administrating the country) and also, the Oromo values the laws more than their own children. Consequently, the principles of constitutionalism are well recognized in the Gadaa republic.

Keywords: (Gadaa, Constitution, Constitutionalism, Oromo)

DOI: 10.7176/JLPG/108-01

Publication date: April 30^th 2021