Mass Media and Free Press in Eritrea
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Who does the Constitution belong to? Is it Isayas's Constitution?


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The ownership of the Constitution

All constitutions belong to the people of the country.  Being the basic law of a nation, and the governing framework whereby the rights and duties of the people as well as the powers and responsibilities of the government are defined, a constitution naturally belongs to the entire nation, or people.  Thus the constitution of Eritrea belongs to the Eritrean people and to nobody else.

Under Article 45 of the Constitution, the President swears an oath "to uphold and defend the Constitution," and to strive with the best of his/her ability and conscience to serve the people of Eritrea.[Article 45].

Indeed, one of the reasons for which the National Assembly may impeach the President and remove him/her from office, by a two-thirds majority vote, is on the ground of his "violation of the constitution or grave violation of law." [See articles 32(9) and 41(6) of the Constitution].    

Whenever, attempts are made by the President, or by members of his government that violate the provisions of the constitution, the other two branches of government are empowered and duty-bound to check such violation and to take steps to sanction it.

[Readers are encouraged to read the chapters of the Constittuion that allocate the respective powers to the three branches of government, and also to read chapter three on Fundamental Rights and Duties].

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