Hierarchy of Norms in Transitional Societies: Resolving the Tension between South Sudan's Transitional Constitution and the Revitalised Peace Agreement

Ogunniyi, Daniel; Aina-Pelemo, Adetutu

Abstract

Since gaining independence from Sudan in 2011, violent conflicts and differing intercommunal clashes have threatened the organised existence of South Sudan as a nation. Although, a constitutional document was drawn up (the Transitional Constitution) few days ahead of the country’s independence in 2011, armed insurgencies and clashes between rival factions have led to conflicts and loss of civilian lives in the country. In 2018, a multiparty Peace Agreement was signed by diverse warring factions with a promise of restoring peace and stabilising the fragile nation. The Peace Agreement, framed as, the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was adopted on 12th of September 2018 in Addis Ababa, Ethiopia. Although, the doctrine of constitutional sovereignty is an established aspect of constitutional law, the 2018 R-ARCSS simultaneously lays claim to supremacy in the event of any clash between the Peace Agreement and any other legal normative standard, including the 2011 Transitional Constitution. This paper assesses the legal validity of the supremacy claim by the Peace Agreement and finds that unlike ‘traditional’ Constitutions, in which the doctrine of Constitutional supremacy is generally settled and infrequently contested, Transitional Constitutions present a different variant. Drawing on the practice from other jurisdictions, the paper concludes that conflicts between Transitional Constitutions and Peace Agreements are often decided in favour of Peace Agreements, with the formulation of the so-called peace jurisprudence by certain courts.

Citation

Ogunniyi, D., & Aina-Pelemo, A. (2021). Hierarchy of Norms in Transitional Societies: Resolving the Tension between South Sudan's Transitional Constitution and the Revitalised Peace Agreement. Redeemer’s University Nigeria Faculty of Law Journal, 3(1), 147-160

• Journal Article Type: Article
• Acceptance Date: Jul 5, 2021
• Online Publication Date: Oct 6, 2021
• Publication Date: Oct 6, 2021
• Deposit Date: Oct 24, 2024
• Publicly Available Date: Nov 15, 2024
• Journal: RUN Law Journal
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Issue: 1
• Pages: 147-160
• Public URL: https://hull-repository.worktribe.com/output/4870761
• Other Repo URL: https://www.researchgate.net/publication/356191141_Hierarchy_of_Norms_in_Transitional_Societies_Resolving_the_Tension_between_South_Sudan's_Transitional_Constitution_and_the_Revitalised_Peace_Agreement_RUN_Law_Journal_31_2020_148-160