The formation of the Constitutional Court in Sudan at this particular moment has several political, legal and societal reasons. Here are the main most important reasons ✍️ Abu al -Tayyib Adam Hassan Suleiman
🔵 1. Restore legal and constitutional legitimacy
The Constitutional Court represents one of the pillars of good judgment and the rule of law.
His absence since 2020 is a constitutional vacuum, which has led to legal violations of certain state institutions.
Remove a necessary step for the balance between the authorities and the prevention of the executive system.
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🔵 2. Response to internal and external pressures
The Sudanese street has been calling for years to activate justice agencies, in particular after the repeated violations of human rights in the light of the current war phase.
The international community (the European Union, America, the African Union) links the support of the democratic transition to the return of state institutions, led by the Constitutional Court.
Court training can be a political article to improve the image of the system in front of the world and create the atmosphere to resume frozen help.
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🔵 3. The increased need to separate constitutional and legal calls
There are dozens of laws and sovereign decisions disputed by their constitutionality, which have been issued in recent years, in the absence of a competent authority to govern there.
Questions such as:
Appeal in emergency laws.
Decisions to confiscate goods.
Monotonous constitutional amendments.
Unconstitutional appointments.
These cases require a neutral dismissal, which is the Constitutional Court by its nature.
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🔵 4. Try to control the tense political situation
The political situation is witness to a struggle between national civil powers and the forces of a certain time, tribal and regional destinations.
The formation of the Constitutional Court may be part of a political agreement or an attempt to be able to contain tensions and create a legal umbrella for the next regulations.
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🔵 5. Preparation of elections or new transitional arrangements
All upcoming elections, national or local, require:
A part separating electoral calls.
A party protects the constitutional rights of candidates and citizens.
The court is necessary to guarantee a stable legal environment to switch to a civil system.
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🔵 6. Increased judicial pressure and union
Sudanese judges and lawyers have asked for years to activate the Constitutional Court in order to protect the constitution and independence of the judiciary.
The delay in training has led to the accumulation of problems and to a clear lack of reference to the legislation by the challenge.
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🟠 Summary
> The training of the Constitutional Court is not only a legal action, but rather a political decision calculated at a critical moment, in which the Sudanese authorities are trying:
Calm inside.
Addressing outside.
Re-engineering of the balance of powers in the country.
And the opening of the road to settle or transition
