Date of Award

5-2025

Document Type

Thesis

Degree Name

Master of Arts (MA)

College/School

College of Humanities and Social Sciences

Department/Program

Political Science and Law

Thesis Sponsor/Dissertation Chair/Project Chair

Tony Spanakos

Committee Member

Alfredo Toro-Carnevali

Committee Member

Ian Drake

Abstract

This thesis examines the dual legal system in South Sudan and how it can be strengthened as the country transitions to a democracy. It gives a brief historical account of the evolution of the South Sudanese legal system and the current challenges posed by overlapping normative frameworks. It argues that while customary law remains deeply embedded in South Sudanese society, its co-existence with statutory law has created jurisdictional ambiguities, inconsistencies in the delivery of justice and public mistrust in state institutions. Reforms such as the drafting of the Permanent Constitution of South Sudan to harmonize both legal traditions, the formal recognition and regulation of traditional authorities within the state structure, the reinforcement of judicial independence through transparent appointment processes and linguistic reforms to improve access to justice are proposed. Emphasis is laid on the need for change to be internally driven and to take into account cultural sensitivities. A balance has to be struck between the preservation of ancestral traditions and the need to modernize the justice system and protect human rights. Ultimately, a legally pluralistic yet integrated system, grounded in functional adequacy and flexible enough to be responsive to South Sudan’s socio-political realities is essential for fostering democratic governance.

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