South Sudan Memo Assignment

Click HERE for a link to the South Sudan Memo Assignment.

Click HERE to download the Draft Transitional Constitution of South Sudan.

Below is the text from the memo assignment:

South Sudan Supreme Court Memo Assignment: Due Friday 15 February 2013

You have been hired as a law clerk for the Chief Justice of the Supreme Court of Sudan.  He has asked you to write a legal analysis concerning general issue of Constitutional interpretation.  He would like for you to write a 2 to 5 page memo (double-spaced) on the issue.  For this exercise you should presume that the Transitional Constitution of the Republic of South Sudan is the actual Constitution of South Sudan. 

The Chief Justice has provided you with a framework for prioritizing available legal authority.  The Chief Justice has asked that you first consider the text of the (Draft Transitional) Constitution of South Sudan.  The Chief Justice has told you that most often the right answer will lie within the Constitution itself.  Next in terms of instructive authority comes international treaties and covenants that South Sudan is a signatory to.  The Chief Justice asks you to next look to decisions from the Appellate Court of Uganda, Kenya and Tanzania for additional guidance.  Next in priority comes the majority opinions of the Supreme Court of the United States.  Finally if there is a lack of instructive and pertinent legal precedent from the above sources you can turn to other appellate African Courts and appellate Commonwealth Courts for guidance.  

By each memo assignment you will find a range of numbers.  If your UCU student number (the last three digits) falls within that range you should write on your memo on that issue.  

(001-010)  What freedoms should be considered fundamental freedom (See Article 1(5) and what is the significance of designating a freedom as fundamental?

(011-099)  What are the consequences of the provision that “religion and state shall be separate” in the context of using Government funds to support religious schools?

(100-199)  What limitations can be placed on the freedom of religion based on Article 8(2)’s provision that religious beliefs cannot be used for divisive purposes?

(200-299) What possible rights are entailed within the inherent right to the “integrity of his or her person” pursuant to Article 11?

(300-399)  What amounts to slavery or servitude as referenced in Article 13(3)?

(400-499)  How should a court apply Article 16(2)’s requirement that women shall have the right to equal pay and work and other related benefits with men?  In other words what is the proper standard for determining whether an employer has or has not offered equal pay and equal work?

(500-515)  What does it mean for children to have a right to be free from any discrimination? (See Article 17(e))  Certainly children cannot expect to receive the same treatment and rights as men.  So in what sense are children protected from discrimination?

(515-599)  Does the Right to Litigation established in Article 20 make sovereign immunity for the government and agents of the government unconstitutional in South Sudan?

(600-699) What are other possible “relevant sources of legislation” referred to in Article 5(d)?

(700-799) Would it be Constitutional to establish a law that limits land ownership to citizens of South Sudan Only (See Article 28 and Articles 169-171)

(800-999) What sorts of offenses should be considered to be “extremely serious offences” that are eligible for the deal penalty?  (See Article 21)  E.g. Is rape an extremely serious offence? Is armed robbery?