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The Transitional Constitution of the Republic of South Sudan, 2011 was drafted by a Southern Sudan Constitutional Drafting Committee.[ citation needed ] It was published in April 2011.[ citation needed ]
A version of the constitution was ratified on 7 July 2011 by the South Sudan Legislative Assembly. It 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 the head of state, head of government, and commander-in-chief of the armed forces.
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 Sudan. 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. [1]
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. [1]
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. [1]
Currently, the politics of Sudan takes place in the framework of a federal provisional government. Previously, a president was head of state, head of government, and commander-in-chief of the Sudanese Armed Forces in a de jure multi-party system. Legislative power was officially vested in both the government and in the two chambers, the National Assembly (lower) and the Council of States (higher), of the bicameral National Legislature. The judiciary is independent and obtained by the Constitutional Court. However, following a deadly civil war and the still ongoing genocide in Darfur, Sudan was widely recognized as a totalitarian state where all effective political power was held by President Omar al-Bashir and his National Congress Party (NCP). However, al-Bashir and the NCP were ousted in a military coup which occurred on April 11, 2019. The government of Sudan was then led by the Transitional Military Council or TMC. On 20 August 2019, the TMC dissolved giving its authority over to the Sovereignty Council of Sudan, who were planned to govern for 39 months until 2022, in the process of transitioning to democracy. However, the Sovereignty Council and the Sudanese government were dissolved in October 2021.
A provisional government, also called an interim government, an emergency government, a transitional government or provisional leadership, is a temporary government formed to manage a period of transition, often following state collapse, revolution, civil war, or some combination thereof.
The Republic of the Sudan was established as an independent sovereign state upon the termination of the condominium of Anglo-Egyptian Sudan, over which sovereignty had been vested jointly in Egypt and the United Kingdom. On December 19, 1955, the Sudanese parliament, under Ismail al-Azhari's leadership, unanimously adopted a declaration of independence that became effective on January 1, 1956. During the early years of the Republic, despite political divisions, a parliamentary system was established with a five member Supreme Commission as head of state. In 1958, after a military coup, General Ibrahim Abboud was installed as president. The Republic was disestablished when a coup led by Colonel Gaafar Nimeiry founded the Democratic Republic of Sudan in 1969.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
The republics in the Commonwealth of Nations are the sovereign states in the organisation with a republican form of government. As of June 2022, 36 out of the 56 member states were republics. While Charles III is the titular Head of the Commonwealth, the King is not the head of state of the republican members. The King is however, the reigning monarch in the Commonwealth realms. The Head of the Commonwealth role does not carry with it any power; instead, it is a symbol of the free association of Commonwealth members.
A parliamentary republic is a republic that operates under a parliamentary system of government where the executive branch derives its legitimacy from and is accountable to the legislature. There are a number of variations of parliamentary republics. Most have a clear differentiation between the head of government and the head of state, with the head of government holding real power and the head of state being a ceremonial position, similar to constitutional monarchies. In some countries the head of state has reserve powers to use at their discretion as a non-partisan "referee" of the political process. Some have combined the roles of head of state and head of government, much like presidential systems, but with a dependency upon parliamentary confidence. In general, parliamentary republics grant the highest sovereign powers to the parliament.
The politics of South Sudan concern the system of government in the Republic of South Sudan, a country in East Africa, and the people, organizations, and events involved in it.
The vice president of Sudan is the second highest political position obtainable in Sudan. Currently there is a provision for one de facto vice president, deputy chairman of the Transitional Sovereignty Council, who is appointed by the chairman of the council. Historically either the first or the second vice president was from Southern Sudan. From 2011 until the abolition of the post in 2019, the second vice president was from Darfur.
The Constitution of the Philippines is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
The constitutional history of the People's Republic of China describes the evolution of its Constitutional system. The first constitution of the People's Republic of China was promulgated in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. In addition, changing constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution.
The temporary de factoConstitution of Sudan is the Draft Constitutional Declaration, which was signed by representatives of the Transitional Military Council and the Forces of Freedom and Change alliance on 4 August 2019. This replaced the Interim National Constitution of the Republic of Sudan, 2005 (INC) adopted on 6 July 2005, which had been suspended on 11 April 2019 by Lt. Gen Ahmed Awad Ibn Auf in the 2019 Sudanese coup d'état.
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 January 2005.
South Sudan is a multilingual country, with over 60 indigenous languages spoken. The official language of the country is English which was introduced in the region during the colonial era.
Ajonye Perpetua Paya is a South Sudanese constitutional lawyer, judge and human rights activist. Until 2013 she was a first class justice in the South Sudan judiciary. She assisted in drafting the 2005 interim constitution of Sudan. She served in the cabinet of Central Equatoria State in 2011, then in the cabinet of President Salva Kiir Mayardit, who dismissed her in May 2013. Since then she has held leadership positions in the South Sudan Law Society and has often spoken on civil rights issues including women's rights and gender-based violence. In 2023 she headed the Secretariat of the Judicial Reform Committee (JRC) of South Sudan.
The Hungarian Constitution of 1949 was adopted on 20 August 1949[a] and heavily amended on 23 October 1989.[b] The document was Hungary's first permanent written constitution, and until its replacement in 2011, the country was the only former Eastern Bloc nation that did not adopt an entirely new constitution after the fall of Communism. The Constitution of Hungary, adopted in 2011, declares the 1949 constitution to be invalid.
The Sri Lankan Constitution of 1972 was a constitution of Sri Lanka, replaced by the 1978 constitution currently in force. It was Sri Lanka's first republican constitution, and its second since independence in 1948. The constitution changed the country's name from Ceylon to Sri Lanka, and established it as an independent republic. The country was officially designated as the "Republic of Sri Lanka," leading to the constitution being known as the 1972 Republican Constitution. The constitution was promulgated on 22 May 1972.
A series of political agreements among Sudanese political and military forces for a democratic transition in Sudan began in July 2019. Omar al-Bashir overthrew the democratically elected government of Sadiq al-Mahdi in 1989 and was himself overthrown in the 2019 Sudanese coup d'état, in which he was replaced by the Transitional Military Council (TMC) after months of sustained street protests. Following further protests and the 3 June Khartoum massacre, TMC and the Forces of Freedom and Change (FFC) alliance agreed on 5 July 2019 to a 39-month transition process to return to democracy, including the creation of executive, legislative and judicial institutions and procedures.
The legal system of Sudan has evolved over time. The legacy of British colonial rule has had a significant impact even after independence. Most of the lawyers and judges were British trained and initially tended to rely on judicial precedent. Soon after independence, however, pressure began to build to change the legal system. By the time Jaafar Nimeiry seized power in 1969, a commission had been working on recommendations for a new system, but he dissolved it and formed another commission dominated by 12 Egyptian jurists. Based on recommendations received from them, Sudan adopted a new civil code that looked much like the Egyptian civil code of 1949. The new system was controversial because it disregarded existing laws and customs and introduced many new legal terms and concepts from Egyptian law without source material to interpret the codes. In 1973 the government repealed these codes and returned the legal system to its pre-1970 common-law status. In 1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system be based on Islam. He appointed al-Turabi as chairman of a committee to draft new Islamic laws. Nimeiry accepted few of the proposals from this committee. He then established a small, new group in 1983 that developed a “cut-and-paste” version of sharia laws based on practice in other countries. In September 1983, Nimeiry issued several decrees, known as the September Laws, which made sharia the law of the land.