National proposals to reform and modernize the Constitutional Court to meet the political challenges to come
First: Introduction: –
The Constitutional Court is the fundamental pillar of the higher constitution and the rule of law, as well as the supreme guarantor to protect fundamental rights and freedoms and prevent the development of public authorities. Given the constitutional and political challenges that Sudan has gone through in recent decades, the institutional reform and the institutional modernization of the Constitutional Court are highlighted as an essential necessity to consolidate constitutional stability and promote democratic transition.
Second: current challenges: –
1. Low independence following political effects on appointment judges.
2. Limited specializations and the lack of clarity of the relationship between it and the Supreme Court.
3. The absence of effective mechanisms to allow individuals and organizations to use them directly.
4. Low transparency in the spread of judgments and decisions, which weakens public confidence.
5. A failure of institutional construction in terms of general secretariat and human and technical resources.
Third: the desired objectives of reform and modernization: –
1. Consolidate the independence of the Constitutional Court and protect it from political interference.
2. Expand your mandate to include censorship of laws and the protection of rights and freedoms.
3. Improve citizens’ confidence through transparency and advertising.
4. Build an established judicial institution which contributes to political and constitutional stability.
5. benefit from comparative constitutional experiences in the development of work mechanisms.
Fourth: basic proposals for reform and modernization.
1. Composition and membership: –
The Constitutional Court consists of (9-11) judges with vast experience in constitutional law and human rights.
The appointment is made by a common mechanism in accordance with international experiences in this area or the creation of a Sudanese pure experience, to ensure balance and independence.
Determine a mandate for the judges (for example 9 years is not renewable) while guaranteeing immunity by employment.
2. Specializations
Control of the constitutionality of laws, regulations and administrative decisions: –
Separate disputes between government levels (federal state).
Protect constitutional rights and freedoms.
Interpretation of constitutional texts.
Allow individuals and organizations to bring prosecution directly before the court in the event of violation of constitutional rights.
3. The relationship with ordinary judicial power: –
A clear constitutional text determines that the decision of laws and constitutional regulations is in competence only of the Constitutional Court.
Obliging ordinary courts to return the payment of unconstitutionality to judge him.
4. Transparency and advertising: –
Publish all decisions and decisions on an official website and in the official Gazette.
Allow sessions of general dimension to improve the confidence of citizens.
The publication of an annual report on the work of the court which includes statistics, challenges and recommendations.
5. Institutional structure and technical support: –
Establish an independent public trust which takes over administrative and financial affairs.
Provide continuous training and qualification programs for judges in the fields of comparative constitutional law and human rights.
Allocating an independent budget which guarantees its financial and administrative independence.
6. Take advantage of comparative experiences: __
The inspiration of the experience of the Constitutional Court in South Africa concerning the protection of rights and freedoms.
Take advantage of the German model concerning the balance between the authorities.
Study the experience of Egypt in the judicial control of the laws.
Fifth: final recommendations
The reform of the Constitutional Court in Sudan is an inevitable necessity to ensure a democratic transition and stabilize the rule of law. This requires:
1. Include texts of reform and modernization in the next Constitution.
2. involving all the parties concerned to formulate reform mechanisms.
3. Provide political, financial and technical support for the success of the experience.
