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February 26, 20260 citationsOpen Access

Constitutionalism and the Rule of Law in South Sudan's Transition: A Qualitative Analysis

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NJNyam JokCACecilia Akuege

Key Points

  • This analysis aims to explore the state of constitutionalism and the rule of law in South Sudan's transition to a permanent constitution.
  • Conducted interviews with judges, lawyers, academics, and civil society organizations.
  • Utilized thematic content analysis to interpret qualitative data.
  • Examined public engagement through participatory forums.
  • Increased public engagement was noted through participatory forums.
  • Implementation of constitutional principles is inconsistent across regions.
  • Recommendations were made for enhancing judicial independence and legal compliance.

Abstract

South Sudan's transition from a transitional government to a permanent constitution has been marked by challenges in establishing robust constitutionalism and the rule of law. Qualitative data from interviews with judges, lawyers, academics, and civil society organizations were analysed using thematic content analysis. Findings indicate that while there has been an increase in public engagement through participatory forums, the implementation of constitutional principles remains uneven across different regions of South Sudan. The study highlights the need for sustained efforts to strengthen judicial independence and enhance legal compliance throughout the country. Recommendations include fostering a more inclusive judiciary, promoting transparency in public participation processes, and ensuring equitable distribution of resources to support constitutional education initiatives.

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Cite This Study

Jok et al. (2002) studied this question.

synapsesocial.com/papers/699fe37b95ddcd3a253e761ahttps://doi.org/10.5281/zenodo.18758677
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