By Mading Gum,
14 January 2020
Flag of South Sudan (photo credit: pixabay)
This piece arises from the heated debate regarding 32 states on two sides. On one side are those who hold the view that 32 states are constitutional, both in their manner of constitutional creation, their practical operation, and because people popularly demand them. On the other side are those who argue that the 32 states are unconstitutional under the 2011 South Sudan constitution and on that basis (including an IBC failed voting threshold of 7 of 10), a return to 10 states is justifiable until the end of transitional period. I argue that both premises are constitutionally invalid and should be disregarded in a strict legal analysis. As shown below, three grounds independently show why neither of the side’s constitutional interpretation is correct.
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