The Challenge of Constitutionalism and Separation of Powers Doctrine in South Sudan

This paper aims at exploring the practice of the concept of constitutionalism in South Sudan. Particularly, it assesses the extent to which the doctrine of separation of powers is practiced as it relates to vertical and horizontal power relationships in South Sudan. In order to understand this, one has to look at how major decisions that affect the relationship between the central government and the states, as well as the power play among the executive, the legislature, and the courts, have been made since 2005. This understanding is desired for a country that attained statehood only recently. This suggests that all the institutions and structures of governance and even the relationships between the citizens and the state, as well as intergovernmental relations, are new or being formed. As well, the country has been deeply involved in a self-destructive conflict and the agreement that has just been reached affords it an opportunity to self-examine and revitalizes social and political relations that have been torn.