ABSTRACT

This chapter is based on the Sudanese experience in constitutional developments. It examines the history of constitution-making and constitutions in Sudan, charting developments of various constitutions from the time of the colonial condominium to the short-lived constitutions and Interim National Constitution of 2005 with its subsequent amendments after the secession/independence of South Sudan. The chapter deals with an assessment of Sudan’s constitutional development, identifying critical factors needed to bring about a legitimate and durable constitutional order. It argues that Sudanese constitutions have been used by subsequent regimes as ideological instruments and as a tool of social control to ‘indoctrinate the nation’ with the vision or ideology of the regime in power. The chapter provides an analysis of the constitutional developments in Sudan in terms of legitimacy and the protection of rights, using the concept of constitutionalism as a yardstick.