Constitution of South Sudan
Encyclopedia
The Transitional Constitution of the Republic of South Sudan, 2011 was drafted by a Southern Sudan Constitutional Drafting Committee.[Ciatatino?] It was published in April 2011. [Citation?] A version of it was ratified on 7 July 2011 by the South Sudan Legislative Assembly and came into force on the day of independence of South Sudan (9 July 2011) after being signed by the president of the republic. The Constitution replaced the existing 2005 Interim Constitution of Southern Sudan
. The constitution establishes a presidential system of government headed by a President who is both Head of State
, Head of Government
, and the Commander-in-Chief
of the armed forces.
. After the January 2011 referendum in favour of secession, the ruling Sudan People’s Liberation Movement (SPLM) and various opposition political parties broadly agreed on the
need to adopt a transitional constitution based on the ICOSS and tailored to the enhanced powers and responsibilities of a sovereign state.
From the outset, the drafting process has been limited to a technical review of the ICOSS that would delete all references to a united Sudan and re-cast existing government structures in the south at a regional level as the institutions of a sovereign nation-state. Shortly before Independence, the then GoSS Minister of Legal Affairs and Constitutional Development, Mr John Luk Jok, Chairperson of the technical constitutional review committee said that a second phase of the Constitutional review process would get underway after Independence.
In April 2011 the technical review committee presented its recommendations on the transitional constitution to the office
of the Southern Sudanese presidency, along with its proposals for the making of a permanent political charter.
Constitution of Southern Sudan
The Constitution of Southern Sudan was the 2005 Interim Constitution of Southern Sudan, as established by the Government of Sudan and the Sudan People's Liberation Army/Movement within the framework of the Comprehensive Peace Agreement ending the Second Sudanese Civil War, signed into practice on 9...
. The constitution establishes a presidential system of government headed by a President who is both Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, Head of Government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
, and the Commander-in-Chief
Commander-in-Chief
A commander-in-chief is the commander of a nation's military forces or significant element of those forces. In the latter case, the force element may be defined as those forces within a particular region or those forces which are associated by function. As a practical term it refers to the military...
of the armed forces.
Background
Work on a transitional constitution began on 21 January 2011 with the formation of a technical review committee empowered by presidential decree to amend the 2005 Interim Constitution of Southern SudanConstitution of Southern Sudan
The Constitution of Southern Sudan was the 2005 Interim Constitution of Southern Sudan, as established by the Government of Sudan and the Sudan People's Liberation Army/Movement within the framework of the Comprehensive Peace Agreement ending the Second Sudanese Civil War, signed into practice on 9...
. After the January 2011 referendum in favour of secession, the ruling Sudan People’s Liberation Movement (SPLM) and various opposition political parties broadly agreed on the
need to adopt a transitional constitution based on the ICOSS and tailored to the enhanced powers and responsibilities of a sovereign state.
From the outset, the drafting process has been limited to a technical review of the ICOSS that would delete all references to a united Sudan and re-cast existing government structures in the south at a regional level as the institutions of a sovereign nation-state. Shortly before Independence, the then GoSS Minister of Legal Affairs and Constitutional Development, Mr John Luk Jok, Chairperson of the technical constitutional review committee said that a second phase of the Constitutional review process would get underway after Independence.
In April 2011 the technical review committee presented its recommendations on the transitional constitution to the office
of the Southern Sudanese presidency, along with its proposals for the making of a permanent political charter.
External links
- The Transitional Constitution of the Republic of South Sudan, 2011 This undated, "undocumented" document (i.e., there is at the source Web site no precise date given for the document nor is there any wording internal or external to the document which describes it as being the revised or unrevised draft released in April 2011) bears the seal of the "Government of Southern Sudan", the authority that governed the southern part of SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
before it gained independence as South SudanSouth SudanSouth Sudan , officially the Republic of South Sudan, is a landlocked country located in the Sahel region of northeastern Africa. It is also part of the North Africa UN sub-region. Its current capital is Juba, which is also its largest city; the capital city is planned to be moved to the more...
.