South Sudan’s Transitional Constitution: the Making, Failure and Lessons

IF 0.1 Q4 LAW

African Journal of Legal Studies Pub Date : 2024-04-03 DOI:10.1163/17087384-bja10090

Mark A. W. Deng

引用次数: 0

Abstract

The period 2005 to 2011 has a special significance for the people of Sudan. It not only saw the emergence of South Sudan as an independent country, but it also marked the beginning of formal constitution-making in South Sudan’s tumultuous political history. Two important documents – the Interim Constitution 2005 and the Transitional Constitution 2011 – were enacted during this period. I discuss both documents in this paper. I find that the Transitional Constitution unnecessarily concentrates power in the president. I argue that in failing to constrain the president, the Transitional Constitution has failed the task of a modern constitution.

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南苏丹过渡宪法：制定、失败与教训

2005 年至 2011 年对苏丹人民具有特殊意义。它不仅见证了南苏丹作为一个独立国家的崛起，也标志着南苏丹动荡的政治历史中正式制宪的开始。在此期间颁布了两份重要文件--2005 年《临时宪法》和 2011 年《过渡宪法》。我将在本文中讨论这两份文件。我发现《过渡宪法》不必要地将权力集中于总统。我认为，《过渡宪法》未能对总统形成制约，因此未能完成现代宪法的任务。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

African Journal of Legal Studies LAW-

CiteScore

0.30

自引率

0.00%

发文量

期刊介绍： The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.