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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Reconciliation of Islamic Law With Constitutionalism: The Protection of Human Rights in Sudan's New Constitution
Authors:Bantekas, Ilias
Abu-Sabeib, Hassan
Year:2000
Periodical:African Journal of International and Comparative Law
Volume:12
Issue:3
Period:October
Pages:531-553
Language:English
Geographic term:Sudan
Subjects:constitutions
1998
human rights
Law, Human Rights and Violence
Religion and Witchcraft
Politics and Government
law
Link:http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol12&id=547&collection=journals&index=journals/afjincol
Abstract:The 1998 Constitution of Sudan, which established a Constitutional Court and afforded certain guarantees to the people of Sudan, is the product of two legal regimes. On the one hand, it is influenced by an authoritarian tradition wrongly alleging that it derives its power from Islamic culture. On the other hand, it is forced to accept the present jus cogens conception of international human rights. The present authors consider the legal nature and scope of the rights enshrined in the 1998 Sudanese Constitution and discuss Western criticisms, which relate primarily to the exceptions placed alongside prescribed rights, vague references to sharia principles, and the imprecise scope of derogations. They examine the available enforcement mechanisms, notably the Constitutional Court, the Advisory Council on Human Rights, and the effect of international monitoring machineries. They highlight the 1999 action against the Government which Islamists brought before the Constitutional Court, the first time the Sudanese judicial system has considered a challenge to President Al-Bashir's decisions. Notes, ref.
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