Routledge Research in Constitutional Law Ser.
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.
Description based upon print version of record. 4 The role and rights of women in the forthcoming constitution
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication Page; Table of Contents; List of Contributors; Preface; Introduction; Part I The challenges for peace, human rights protection and constitutionalism in the Sudans; Chapter 1 Power, conflict and humanrights in Sudan; 1 Introduction; 2 Structural factors; 3 Evaluation and prospects; 4 South Sudan; 5 Conclusion; Chapter 2 In search of constitution and constitutionalism in Sudan: the quest for legitimacy and the protection of rights; 1 Introduction; 2 Constitution-making 3 Post-conflict transitional constitutions: the INC 2005 and the CPA as flawed models of constitution-making4 Constitutionalism and constitutional ideology in Sudan: from common law to autocracy, socialism and Islamism; 5 Concluding remarks; Chapter 3 Constitutionalism under siege: constitutional standoffs in South Sudan and their implications for the war-torn nation; 1 Introduction; 2 Constitution-making in South Sudan; 3 Constitutionalism under siege; 4 Conclusion; Part II Constitutional protection of human rights Chapter 4 Human rights protection in Sudan's constitutions: a critique of Bills of Rights1 Introduction; 2 Overview of the development of Bills of Rights in Sudan's constitutional history (1953-2005); 3 The Constitutional Bill of Rights, 2005 (amendments 2017): a critique of its substantive shortcomings; 4 The constitutional implementation of Bill of Rights: structural obstacles; 5 Implementation mechanisms and constitutional guarantees of the Bill of Rights: a dichotomy between law and practice; 6 Conclusion Chapter 5 Citizenship, statelessness andhuman rights protection in Sudan's constitutions and post South Sudan secession challenges1 Introduction; 2 Constitutional guarantees of nationality and citizenship rights; 3 Historical legacy and continuing flaws; 4 Nationality vs citizenship in Sudan: legal ambiguities; 5 Practicing citizenship: challenges; 6 Further shrinking: post-secession conditions; 7 Conclusions; Chapter 6 Constitutional dimensions of minority rights and the rights of peoples in the Sudans; 1 Introduction; 2 Sudan's multiple diversities: a historical legacy 3 Right to self-determination and rights of minorities: the international normative framework4 Sudan's constitutional framework on minorities and the rights of peoples; 5 The rights of peoples in the two Sudans; 6 Critical appraisal of minority and peoples rights protection in Sudan; Chapter 7 Women's rights in Sudan: constitutional recognition and lived experiences; 1 Introduction; 2 Status, role and rights of women in society and State; 3 Rights of women in Sudan's past and present constitutions: human rights and gender perspectives
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