Justices of the Constitutional Court
121 (1) All Justices of the Constitutional Court shall be appointed by
the President of the Republic in accordance with Article 58 (2)
(c) herein and upon the recommendation of the National
Judicial Service Commission and subject to approval by a
two-thirds majority of all the representatives at the Council of
States.
(2) Southern Sudan shall be adequately represented in the
Constitutional Court.
(3) A Justice of the Constitutional Court may only be removed
upon an order of the President of the Republic on the
recommendation of the President of the Constitutional Court
and approved by a two-thirds majority of the representatives
of the Council of States.
Competence and Jurisdiction of the Constitutional Court
122 (1) The Constitutional Court shall be the custodian of this
Constitution, the constitutions of southern Sudan and the
states; its decisions shall be final and binding, it shall:(a) interpret constitutional provisions at the instance of the
President of the Republic, the National Government,
the Government of Southern Sudan, any state
government, the National Assembly, or the Council of
States,
(b) have original jurisdiction to decide disputes that arise
under this Constitution and the constitutions of Northern
states at the instance of government, juridical entities or
individuals,
(c) decide on appeals against the decisions of Southern
Sudan Supreme Court on the Interim Constitution of
Southern Sudan and the constitutions of Southern
Sudan states,
(d) protect human rights and fundamental freedoms,
(e) adjudicate on the constitutionality of laws or provisions
in accordance with this Constitution, the Interim
Constitution of Southern Sudan or the relevant state
constitutions,
(f) adjudicate on constitutional disputes between levels
and organs of government, in respect of areas of
exclusive, concurrent or residual competence.
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