Abstract:
This Dissertation analyses the constitutional and developmental dilemma of vertical power
delegation over land in Ethiopia. It particularly examines the respective power of the Federal
Government and regional states over land. It also analyses the constitutional status of
vertical power delegation together with the institutional responses on upward flow of power
over land. Cemented on the existence of several instances of power centralization over land,
the Dissertation investigates the impact of the government‘s development orientation to that
effect. It also presents relevant lessons that Ethiopia can consider by reviewing the
experiences of selected federal states about vertical delegation of power. To that end, data
were collected from relevant federal and regional laws, interviews, books, journals,
conference and working papers, and newspapers. It is contended that the constitutional
power allocation scheme over land does not clearly state the extent of federal legislative
power over land and regional states‘ power to administer thereof. Moreover, there are
indications whereby the Federal Government has centralized the power of land
administration in opposition to the county‘s federal system and the constitutional order.
Despite this, the relevant federal institutions that are mandated to defend the FDRE
Constitution and the federal order have failed to resist the upward flow of power over land.
The government has been justifying power centralization to its approach of development.
Democratic centralism has been taken as an implicit justification for the continued power
centralization. There is, thus, a quandary between the constitutionality of such power
centralization effort and the government‘s approach of development. Following a thorough
investigation of the issue, the study recommends that federal laws that empower the Federal
Government to undertake matters of land administration shall be revised and the mandate
shall be given back to regional states. It further calls for a constitutional amendment to
elucidate the relative power of the federal and state governments over land. The federation
shall also start to adequately decentralize regional power to realize and maintain regional
autonomy. It is further counselled to take the lessons from the experiences of selected
federations with a pinch of salt.