CEU Electronic Theses and Dissertations, 2011
| Author | Mengie, Legesse Tigabu |
|---|---|
| Title | Federalism for Unity and Minorities' Protection: (A Comparative Study on Constitutional Principles and their Practical Implications: US, India and Ethiopia) |
| Summary | Federalism as a tool to strike the balance between unity and diversity is an area which needs to be explored to determine how it protects the minorities or diverse groups while the union is settled well. This would be peculiar if one is considering ethnic federal structures like Ethiopian and Indian systems as the tension between unity and diversity is extremely challenging. It is also interesting to test whether the nation state (territorial) federal systems like US could be employed in ethnic federal systems. This paper will be addressing such aspects of federalism. This comparative study will explore on the issues how the US nation state or territorial federal system and the Ethiopian and Indian identity based federal systems function, which groups in a federal system need to be considered as minorities, how shared federal institutions could protect diverse interests, how the forces of diversity and unity could be balanced, what factors may lead to disintegration or instability and what type of an umpiring organ is best to resolve constitutional disputes for a federal system to be efficient and stable. While revolving around the above issues, the writer will try to show how Ethiopian unicameral legislator is problematic as the upper house which represents the minority groups is denied legislative power under the constitution. What is more, the constitutional right of secession which is one of the unique features of Ethiopian federation and other potential dangers to federal unions will be reached to show how a stable federal system should be framed. |
| Supervisor | Patrick Macklem |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/mengie_legesse.pdf |
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