Bashiir M. Sheikh Ali

The author is a Somali-American lawyer based in Nairobi. The views expressed in this analysis are his own and do not reflect those of any organization with which he may be affiliated. He can be reached at [email protected].

The Quiet Centralization: How Somalia's New Constitutional Provisions Redistribute Power Outside the Federal Framework

The amended constitution's power allocation framework rests on a closed schedule structure. Four schedules distribute governmental powers across the three tiers: Schedule 2(A) lists the exclusive powers of the federal government ("FGS"), Schedule 2(B) lists shared powers, Schedule 2(C) lists…

Somalia: Mogadishu Governed from Above: The Constitutional Case Against the Capital Arrangement

This is the third in a series of essays examining the amendments to the Provisional Constitution. The first two essays examined the amendments as proposed, while this one analyzes the text as passed by Parliament.

Somalia: Article 54 and the Federal Settlement: Constitutional Authority and the Politics of Completion

A previous essay [2] examined how the proposed amendments to Chapter 5 of the Provisional Constitution reorganize the allocation of powers between the Federal Government (FGS) and the Federal Member States (FMS). The amendments include two provisions requiring separate treatment: the allocation of powers…

Somalia: From Transitional Federalism to a Defined Federal Order: Constitutional Design Choices in Amended Chapter 5

This is the first in a series of essays examining Somalia's proposed constitutional amendments and their implications for governance. This essay focuses on the institutional architecture created by the amended Chapter 5 and provides an overview of how the new text restructures the federal system.

What EACJ Oversight of Somalia's State Conduct Could Mean for Governance, Rights, and Political Power

Somalia's admission into the East African Community marked a legal transformation that most Somali political actors have yet to grasp.

Examining the Legal Basis for Challenging Somalia's EALA Nomination Before the East African Court of Justice

Somalia's accession to the East African Community (EAC) in 2023 marked a transition from an exclusively domestic legal framework to a dual system in which national institutions will need to operate alongside binding supranational obligations. Few tests illustrate this shift more clearly than the…