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.

Despite expectations that the celebrated second wave of constitutional democracy in the 1990s would facilitate economic development, Africa remains the continent with the highest level of poverty in the world. The fight against poverty hinges on a vibrant economy that creates jobs and income by generating enough revenue to enable the state to take pro-development measures. However, instead of the economic benefits that were supposed to accrue from the constitutional reforms of the last three decades (including entrenching a market economy), African economies remain weak, a situation that has been aggravated by the COVID-19 pandemic. By focusing on the relationship between constitutionalism and economic growth in Africa, this volume addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy, and if so, in what manner? (2) Given that agriculture and extractive industries are the main sources of state revenue in many African economies, how are matters of land and other natural resources dealt with constitutionally? (3) Where the market economy is captured in a constitution, what is the state's relationship to that economy: interventionist or laissez-faire, or somewhere in between? Have constitutions also established a 'social' state that provides its citizens with the basic elements of a dignified life? (4) In the process of constitution-making and implementation concerning the economy, what impact has globalization had on constitutionalism and economic growth in Africa? (5) Finally, how has the relationship between constitutionalism and economic growth played out in practice? Is there a symbiotic relationship? Has constitutionalism led (or may do so) to greater economic prosperity? Constitutionalism and the Economy in Africa offers a range of comprehensive arguments and case studies that will be of interest and use to academics, post-graduate students, judges, lawyers, economists, and policy makers involved in the economic role of the State, the impact of globalization, and the constitutional foundations for land and natural resources exploitation.

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Political Change and Constitutionalism in Africa examines the complexities of government and obstacles facing constitutional democracy in transitional African societies. The chapters provide a critical, conceptual framework to probe, interpret and understand the dimensions of current and impending challenges to constitutional government in the African continent. The contributors explain why deep inequalities and harsh repression persist in most transitional African countries, despite constitutionally guaranteed rights and the ongoing, practical efforts to expand participation through political liberalization. The book demonstrates the importance of sustaining in public confidence in democracy and provides provocative ideas about how to deal with new, prodigious configurations of power that are stubbornly resisting real institutional change. Political Change and Constitutionalism in Africa will be of interest to scholars of African politics and constitutional politics.

This paper focuses on Sudan’s Interim Poverty Reduction Strategy Paper (I-PRPS). I-PRSP will support existing planning and budgeting instruments, including the 3-Year Salvation Economic Program (SEP) 2012–2014 and the 5-Year Development Plan (2012–2016), by strengthening the prioritization of actions and targeting poverty. The 3-Year SEP is an emergency plan to deal with the adjustment to new political and economic realities following the decision of the South to secede. I-PRSP will also help to fine tune the preparation and implementation of the SEP and a new 5-year Plan, and provide a foundation for the full PRSP.

This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of the Sudan’s Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharīʿa criminal law, including homicide, bodily harm, unlawful sexual intercourse (zinā, liwāṭ), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (ḥirāba), apostasy (ridda), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world’s longest lasting applications of codified sharīʿa criminal law. Olaf Köndgen won the DAVO Dissertation Prize 2014 for his Ph.D. thesis. "This extremely well-documented study represents a milestone for the discussion of Islamic criminal law in the Muslim world as a whole and in the Sudan especially. Olaf Köndgen fills an academic void; his work deserves the greatest recognition, for its extraordinary quality, its thoroughness and systematic approach." Prof. Günter Meyer, Johannes Gutenberg University Mainz

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Coming into existence amid a wave of optimism in 2011, South Sudan has since slid into violence and conflict. Even in the face of escalating civil war, however, the people of the country continue to fight for justice, despite a widespread culture of corruption and impunity. Drawing on extensive new research, Rachel Ibreck examines people's lived experiences as they navigate South Sudan's fledgling justice system, as well as the courageous efforts of lawyers, activists, and ordinary citizens to assert their rights and hold the government to account. In doing so, the author reveals how justice plays out in a variety of settings, from displacement camps to chiefs' courts, and in cases ranging from communal land disputes to the country's turbulent peace process. Based on a collaborative research project carried out with South Sudanese activists and legal practitioners, the book also demonstrates the value of conducting researching with, rather than simply about those affected by conflict. At heart, this is a people's story of South Sudan - what works in this troubled country is what people do for themselves.