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The Structure and Division of Powers

Chapter Five The Structure and Division of Powers

Article 50: Structure of the Organs of State

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

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

3. The House of Peoples' Representatives is the highest authority of the Federal Government. The House 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 at State and other administrative levels that they find necessary. Adequate power shall be granted to the lowest units of government to enable the People to participate directly in the administration of such units.

5. The State Council has the power of legislation on matters falling under State jurisdiction. Consistent with the provisions of this Constitution, the Council has power to draft, adopt and amend the 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. The States shall respect the powers of the Federal Government. The Federal Government shall likewise respect the powers of the States.

9. The Federal Government may, when necessary, delegate to the States powers and functions granted to it by Article 51 of this Constitution.

Article 51: Powers and Functions of the Federal Government

1. It shall protect and defend the Constitution.

2. It shall formulate and implement the country's policies, strategies and plans in respect of overall economic, social and development matters.

3. It shall establish and implement national standards and basic policy criteria for public health, education, science and technology as well as for the protection and preservation of cultural and historical legacies.

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

5. It shall enact laws for the utilization and conservation 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 telecommunication services.

10. It shall levy taxes and collect duties on revenue sources reserved to the Federal Government; it shall draw up, approve and administer the Federal Government's budget.

11. It shall determine and administer the utilization of the waters or rivers and lakes linking two or more States or crossing the boundaries of the national territorial jurisdiction.

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

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

14. It shall deploy, at the request of a state administration, 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 declare and to lift national state of emergency and states of emergencies limited to certain parts of the country.

17. It shall determine matters relating to nationality.

18. It shall determine and administer all matters 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 of measurement and calendar.

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

Article 52: Powers and Functions of States

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

2. Consistent with sub-article 1 of this article, States shall have the following powers and functions:
  1. To establish a State administration that best advances self-government, a democratic order based on the rule of law; to protect and defend the Federal Constitution;
  2. To enact and execute the state constitution and other laws;
  3. To formulate and execute economic, social and development policies, strategies and plans of the State;
  4. To administer land and other natural resources in accordance with Federal laws;
  5. To levy and collect taxes and duties on revenue sources reserved to the States and to draw up and administer the State budget;
  6. To enact and enforce laws on the State civil service and their condition of work; in the implementation of this responsibility it shall ensure that educational; training and experience requirements for any job, title or position approximate national standards;
  7. To establish and administer a state police force, and to maintain public order and peace within the State;
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