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Separation of Powers under the Afghan Constitution: A Case Study

The separation of power under the Afghan Constitution suffers from flaws, both on paper and in practice. Power is firmly tilted in favor of the executive, at the expense of the judiciary and the legislature. The no-confidence vote against the

Separation of Powers in Afghanistan: Theory and Practice

or both historical and practical reasons the drafters of the 2004 constitution provided for a strong Executive Branch. Not only was power centralised at the centre but the executive was also granted extensive powers to keep the whole of government

Evolution of Fundamental Rights in Afghanistan: 1924-2004

Among Afghanistan’s six constitutions, the 1931, 1964 and 2004 constitutions are important landmarks for the evolution of fundamental rights in the country. The discourse surrounding the drafting processes of the 1931 and 1964 constitutions did not reflect an awareness of

Ten Years of the Constitution

AREU recently completed the “Afghan Constitutional Analysis and Dialogues” Project, the first major study reflecting on a decade of the 2004 Constitution. The project examined the status and evolution of constitutional and legal debates ten years after the adoption of

Afghanistan’s Constitution Ten Years On: What Are the Issues?

January 2014 marks the tenth anniversary of the current constitution of Afghanistan. Issues have arisen since then over textual ambiguities in the constitution as well as the locus of authority that can address and clarify them. Ambiguities are not unexpected

Adjudication Election Complaints: Afghanistan and the perils of Unconstitutionalism

The Constitution of Afghanistan guarantees the rights of its citizens to elect and be elected, and provides for the establishment of an Independent Election Commission (IEC) to administer and supervise elections in the country. However, the Constitution does not stipulate

Land Governance at the Crossroads: A Review of Afghanistan’s Proposed New Land Management Law

Afghanistan’s longstanding Land Management Law, last revised in 2008, is again under review. More than 100 amendments had been formally proposed by mid-2012. So far the proposed changes are mainly editorial and do not reform problematic fundamentals of the law.

The Shiite Personal Status Law Process

This is AREU’s inaugural podcast: A public lecture from researcher Lauryn Oates on 2009’s controversial Shiite Personal Status Law.

A Holistic Justice System for Afghanistan

This Policy Note presents AREU’s findings and recommendations on community-based dispute resolution, outlining how: • CBDR processes are not static and do not rest on an unchanging, imagined version of tradition and custom. They are instead continually revised over time

The Shiite Personal Status Law: ACBAR Presentation Notes

Notes from a presentation on AREU’s study of the Shiite Personal Status Law on 14 October 2009 at the Agency Coordinating Body for Afghan Relief (ACBAR).