Chapter Two: Some Common Features among federations

Chapter Three Federations and Second Chambers

• the right to be represented in federal government stipulated by Article 39(3) could not be pushed further to include the federal legislature
• unlike the other federations, the Ethiopian Constitution fails to entrench the states or to use the terms of the Constitution, the nations, nationalities and the peoples to be part of the federal law-making process.
• The consent of the HOF is not a precondition for the effectiveness of federal legislation.
• Neither of the explanations indicated earlier, for having the second chamber is incorporated in the Ethiopian Constitution.

Chapter Three Federations and Second Chambers

• The non-inclusion of the states may pose the question of legitimacy of the federal government
• The division of authority between the center and the states may not be enough to preserve the union
• Ethiopian Constitution ‘betrays’ the federal idea significantly
• The territorial units have neither the minimum participatory role nor the even greater functions assigned to upper chambers

Chapter Three Federations and Second Chambers

COMPOSITION

• In terms of the basis of composition of second chambers, there are range of variations
• In the United States, the Senate embodying the principle of equal representation of the states, notwithstanding disparities in their population, was the price that the larger states had to pay for the participation of the smaller states in the federation.
• Federal power is not permanently controlled by the few more populous states

Chapter Three Federations and Second Chambers

• The less populous states often fight to safeguard their interests from being swamped by the legislature composed by a popularly elected lower house.
• Accordingly, second chambers based on equal state representation are instituted to take care of the concerns of the less populous states.
• Article 1 section 3 of the US constitution provides: