Emerging Constitutionalism In South Sudan
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| Author | : Mark A W Deng |
| Publisher | : Hart Publishing |
| Total Pages | : 0 |
| Release | : 2025-04-17 |
| Genre | : Law |
| ISBN | : 1509981276 |
This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.
| Author | : Lutz Oette |
| Publisher | : Routledge |
| Total Pages | : 218 |
| Release | : 2018-12-20 |
| Genre | : Law |
| ISBN | : 1317227913 |
Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.
| Author | : Simon E. Kulusika |
| Publisher | : |
| Total Pages | : 260 |
| Release | : 2004 |
| Genre | : Constitutional law |
| ISBN | : |
| Author | : Nhial Tiitmamer |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
| Author | : Ran Hirschl |
| Publisher | : Harvard University Press |
| Total Pages | : 306 |
| Release | : 2009-06-30 |
| Genre | : Law |
| ISBN | : 9780674038677 |
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
| Author | : Charles M. Fombad |
| Publisher | : Oxford University Press |
| Total Pages | : 673 |
| Release | : 2019-09-10 |
| Genre | : Law |
| ISBN | : 0192585037 |
This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.
| Author | : Vivien Hart |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 2003 |
| Genre | : Constitutional law |
| ISBN | : |
| Author | : Brian Christopher Jones |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 224 |
| Release | : 2020-06-26 |
| Genre | : Law |
| ISBN | : 1788971108 |
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
| Author | : Tania Abbiate |
| Publisher | : Routledge |
| Total Pages | : 478 |
| Release | : 2017-11-22 |
| Genre | : Political Science |
| ISBN | : 1351719645 |
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.
| Author | : Zaid Al-Ali |
| Publisher | : Cambridge University Press |
| Total Pages | : 333 |
| Release | : 2021-08-19 |
| Genre | : History |
| ISBN | : 110842970X |
An insider's account and analysis of the largest concentration of constitutional reform since the end of the cold war.
