The Law | Prohibition of Child Marriage Act
Their decisions are appealed against before County Judge of the First Grade. The sources of law provided under Article 5 of the TCSS do not expressly mention international law as one of the sources in South Sudan. The TCSS provides for the process of ratification of international instruments but it silent on whether ratified treaties can be applied by courts directly or there is another process, such as transformation. The constitution however, deals briefly with the procedural aspect of international law. For example, it is the function of the National Legislative Assembly NLA to ratify international treaties, conventions and agreements.
Judiciary independence is one of the fundamental elements of the modern democracy. International human rights law requires that the judiciary be independent of the executive and legislative branches of government as a threshold for a fair trial, protection of individual rights and to obtain effective remedies for any violation thereof from the other authorities of the state. The principle of separation of powers, which is the cornerstone of the rule of law, is reaffirmed in a number of international instruments, particularly with regard to the judiciary.
The Transitional Constitution provides that the judiciary is independent of the executive and legislative branches. In doing so, judges are to be protected from reprisals as a consequent of their judicial decision. Despite these clear constitutional provisions guaranteeing the independence of judiciary, the practice shows that there has been direct interference by the Executive in the Judiciary.
In , the Deputy Chief Justice was dismissed by the president upon objecting to a presidential order that expanded the constitutionally-recognised ten states to twenty-eight. This was followed by subsequent dismissal of 14 justices and judges who went on strike demanding the removal of the Chief Justice and improvement of working conditions. Since then, the judiciary, particularly the Supreme Court has witnessed a series of resignations over lack of judiciary independence and interference from the members of the executive.
It provides for both civil and political rights as well as economic, social and cultural rights. It further provides that all rights and freedoms enshrined in the international instruments ratified or acceded by the Republic of South Sudan are integral part of the bill of rights.
South Sudan fought for decades to uphold inter alia,human rights and fundamental freedoms. The country itself is founded on justice, equality, respect for human dignity and advancement of human rights and fundamental freedoms.
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Under classical international law, once a new state is created, it automatically inherits treaty obligations of the predecessor. Accordingly, when South Sudan seceded from Sudan, it did not automatically succeed to treaty obligations of the later. South Sudan however, has expressed a general commitment to observe international human rights norms through its voluntary pledge for candidature to the Human Rights Council. A law report is a record of a judicial decision on a point of law which sets a precedent. Not all decisions taken in a court of law set a precedent, however interesting they may be in terms of the facts of the case or its sequences.
As a general principle of law, a decision is only reportable if it lays down a new principle of law, changes or clarifies the existing law. In South Sudan, there is no established system of law reports. The only way of finding decided cases is through judgement transcripts, which are not law reports. The judgment transcript does not have the same value as a record of the decision contained in law report. In practice, a judgement transcript is used in place of summary reports case summaries, digests and case notes which consist of abridgements of the judgement and are presented in a less formal way than a full text law report.
In spite of this, there is no official site where these judgements transcripts can be found. In other words, finding a judgement transcript requires one to apply to a court that passed the judgement in order avail a hard copy signed paper. This section provides link to the laws passed by the Parliament of South Sudan from to present. It should be noted that laws passed before independence have been confirmed by the Transitional Constitution as having binding force of law in the independent South Sudan.
Please note that the authors are committed to updating the documentation available at this link as relevant documents become available. Miamingi Supra note Refer to Section 98 of the Local Government Act of for more details on the relationship between statutory and customary law courts.
This means that there is no functioning professional association representing the entire legal profession in the country. A current researcher, Advocate Gabriel Mading was in attendance. Where an individual has killed another whilst involved in an internecine dispute, the courts and the community recognize that the individual was acting as part of a family or community in carrying out the act and that the family or community bear collective responsibility.
It [collective responsibility] is a clear recognition of the solidarity of the family and the responsibility the family has for the actions of one of its members. Published September See the Archive Version! Table of Contents 1. Country Background 2.
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Constitutional Development in South Sudan 2. The Interim Constitution of Southern Sudan 2. The Nature of the Transitional Constitution 2. Constitutional Review Process 4. The Judicial System in South Sudan 5. The Legal Profession in South Sudan 6.
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Court Structure 6. The Supreme Court 6. The Joshi Committee presented its report on 20 June and was passed by the Imperial Legislative Council on 28 September and became a law on 1 April extending to the whole of British India. It fixed 14 and 18 as the marriageable age for girls and boys respectively of all communities.
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The Child Marriage Restraint Act was the first social reform issue which was taken up by the organized women in India. They played a major role in the development of argument and actively used the device of political petition and in the process contributed in the field of politics. Pro-reform politicians, such as Motilal Nehru , were caught off guard when the organized women's association met with leaders to ask for their support in the bill. The all-India women's association pressured politicians for their support in the bill, standing outside their delegations holding placards and shouting slogans such as 'if you oppose Sarda's bill, the world will laugh at you'.
It was also this group who pushed for, and eventually succeeded in having Gandhi address the evils of child marriage in his speeches. Victory for the bill can be credited to the women's association, who presented the act as a means for India to demonstrate its commitment to modernity.
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Declaring they would begin to make their own laws, free of male influence, the women's organization brought liberal feminism to a forefront. Although this is a victory for the women's movement in India, the act itself was a complete failure. In the two years and five months it was an active bill, there were prosecutions, of which only were successful. The list goes on with acquittals, with 98 cases still pending during August Out of the successful prosecutions, only 17 or so did either all of or part of their sentence.
The majority of cases were in Punjab and the United Provinces. A census was available to the public during the summer of in order to give a status report of how the bill was doing: the number of wives under fifteen had increased from 8.
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