Toward the establishment of an international constitutional court (ICC) by Amal Kordofany*

05:59 PM January, 10 2020

Sudanese Online
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In the Sudan, we are suffering from the interference of the government in Constitutional Court's affairs.

I launched legal challenge against the military junta in sovereign council the supreme decision making body for transitional government.

The Sudanese Constitutional Court has two options which are mutually exclusive in a sense that either it reigns its ruling against the military junta or me as civil citizen.

If the court had ruled against the military junta, it would have placed the military junta on collision course with the army.

If Constitutional Court's ruling were not to be in my favor, it would not find any apprehensible ground based on effective legal evidences.

What has the Constitutional Court done؟

The Constitutional Court has refrained itself from ruling on constitutional matters.

We are calling for national constitution endeavour that shall advocate for reformation of effective Constitutional Court that protects fundamental rights of people of the Sudan and shall be principal derivatives of international law.
In principle, such constitution promulgation shall be consistent with fundamental human rights enshrined in United Nations Charter.

Furthermore; any future constitution in Sudan which shall not realign itself with fundamental human rights and international norms as enshrined in United Nations Charter shall be construed as sinister aspiration of government that seeks to suppress or bulldoze its citizenry rights.

Therefore; the need of an international constitutional court (ICC) will not only to protect the citizens’ constitutional rights from dictatorial governments, but also can develop constitutional norms at an international level and unify them.

Without the protection mechanism, the International Covenant on Human Rights cannot be satisfied with constitutional courts within the state, even though these courts are themselves part of governments that violate constitutional rights.

The creation of an international constitutional court (ICC) will lead to the development of basic constitutional concepts and give it practical rooting as well as theoretical philosophy.

The creation of hybrid international constitutional court which is a blend of national and international law shall lead to constitutional concept which upholds fundamental human rights and rule of law as fundamental pillars of justice, equality, freedoms, democracy and good governance.

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