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Evolution of the Executive Branch in Afghanistan: A Look Back and Recommendations on the Way Forward

The findings of this paper show that legitimate change in the political system of Afghanistan will require an amended Constitution. The authority to amend the Constitution of Afghanistan has been given to the Loya Jirga in Article 111 of the Constitution. The majority of experts interviewed recognized that in the present situation, there are significant obstacles to convening a Loya Jirga. As a legal matter, it is unlikely that a Loya Jirga could be convened under the Constitution, because (1) Afghanistan has not held District Council elections; and (2) as some of the Experts point out, the legitimacy of the current Parliament is also in question. All but one of the Experts also considered the social, political and security obstacles to convening a Loya Jirga. In particular, some Experts fear that ethnic issues may predominate, leading to the Loya Jirga spending more time debating identity and language issues than it would addressing the structure of the government.

Paper Type: Issues Paper
Theme: Constitutional Law
Language: English
No. of Pages: 54

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