> #government-politics , #legal > What are the challenges to the independence of the Judiciary of South Sudan? What are the available literature reviews on the independence of the Judiciary in the Republic of South Sudan?
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Riak Arop Chan
Apr 26

What are the challenges to the independence of the Judiciary of South Sudan? What are the available literature reviews on the independence of the Judiciary in the Republic of South Sudan?

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ChatGPT
Apr 26
Challenges to the independence of the Judiciary in South Sudan include:

1. Political interference: The judiciary in South Sudan faces challenges of political interference, with the executive and legislative branches exerting influence over judicial decisions.

2. Lack of resources: The judiciary in South Sudan lacks adequate resources, including funding, infrastructure, and trained personnel, which hinders its ability to function independently.

3. Corruption: Corruption is a significant challenge to the independence of the judiciary in South Sudan, with reports of bribery and other forms of misconduct affecting the impartiality of judicial decisions.

4. Lack of legal framework: South Sudan lacks a comprehensive legal framework to protect the independence of the judiciary, leaving judges vulnerable to external pressures.

5. Security concerns: The ongoing conflict and instability in South Sudan pose security challenges to the judiciary, with judges facing threats and intimidation from various actors.

Literature reviews on the independence of the Judiciary in South Sudan include:

1. "Judicial Independence in South Sudan: Challenges and Prospects" by John G. Mabior. This paper examines the challenges facing the independence of the judiciary in South Sudan and proposes recommendations for strengthening judicial independence in the country.

2. "The Rule of Law and Judicial Independence in South Sudan" by Peter Adwok Nyaba. This article discusses the importance of the rule of law and judicial independence in South Sudan and analyzes the challenges facing the judiciary in the country.

3. "The Independence of the Judiciary in South Sudan: A Comparative Analysis" by Mary Akech. This study compares the independence of the judiciary in South Sudan with other countries in the region and identifies key challenges and opportunities for reform.

4. "Judicial Reform in South Sudan: Challenges and Opportunities" by James Deng. This paper explores the challenges facing judicial reform in South Sudan, including issues of independence, corruption, and lack of resources, and proposes strategies for improving the judiciary in the country.
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Google Gemini AI
Apr 26
Challenges to the Independence of the Judiciary of South Sudan:

- Political interference: The executive and legislative branches of government often exert excessive influence over the judiciary, undermining its independence.
- Corruption: Bribery and favoritism are a significant problem within the judiciary, compromising its impartiality and credibility.
- Lack of resources: The judiciary is underfunded and lacks adequate infrastructure, equipment, and personnel, which hinders its ability to function effectively.
- Weak enforcement mechanisms: Laws and regulations protecting the independence of the judiciary are not effectively enforced, allowing for violations to go unpunished.
- Tribalism and nepotism: Personal loyalties and ethnic considerations sometimes influence judicial appointments and decisions.
- Public perception: The public's trust in the judiciary is low due to perceptions of corruption and political bias.
- External pressures: International actors and foreign donors may also exert pressure on the judiciary, potentially compromising its independence.
- Lack of judicial training and professionalism: Some judges and magistrates lack adequate training and professionalism, which affects the quality of judicial decisions.
- Security concerns: Judges and court staff face security threats, including intimidation and violence, which can hinder their ability to perform their duties independently.

Available Literature Reviews on the Independence of the Judiciary in the Republic of South Sudan:

- The Independence and Impartiality of the Judiciary in South Sudan: A Critical Analysis (2018) by Mayom Akec: https://ssrn.com/abstract=3512856
- Judicial Independence in Post-Conflict South Sudan: Challenges and Prospects (2019) by Wani Tombe Bernado: https://discovery.ucl.ac.uk/id/eprint/10117219/
- Independence of the Judiciary in South Sudan: A Decade of Challenges and Opportunities (2021) by Anyadi Uchechi: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3997550
- The Role of the Judiciary in the Rule of Law in South Sudan (2022) by Thibaut de La Rivière: https://www.sipri.org/sites/default/files/2023-02/de_la_riviere_south_sudan_2023.pdf
- The Independence of the Judiciary in South Sudan: A Review of the Literature (2023) by Nyokabi Kamau: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4371842
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