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Afghanistan Constitutional Law Research and Dialogues Series

Founder(s): USIP
Status: In Progress
AREU recently completed the “Afghan Constitutional Analysis and Dialogues” Project funded by the United States Institute of Peace (USIP). This was 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 the Afghan Constitution and twelve years after the Bonn process. As part of the project AREU commissioned a series of papers examining key themes of the Constitution including separation of powers, electoral framework, and fundamental rights. Through this first phase of the constitutional research, focused and increasingly professional debates on constitutional reform were initiated. However, it has become apparent in recent times that further additional research needs to be undertaken into the 2004 Constitution. In particular, given that constitutional reform is back on the agenda, it is important that additional research is conducted with a view to inform future reform process. Additionally, there is a clear need to foster the capacity of Afghan academic and legal community interested in engaging in rigorous research into constitutional law issues. Therefore, with the similar approach to the completed project, AREU and USIP are continuing their collaboration to establish and support a Research and Dialogue series on the 2004 Constitution. The current project will once again recruit Afghan researchers and facilitate Afghan leadership in research to build a body of constitutional law literature in Afghanistan and enhance the capacity and knowledge of Afghan academia, legal professionals and Afghan policy makers on the constitutional issues in theory and practice.


Publications from this research project:

The Afghan Parliament: Constitutional Mandate versus the Practice in the Post 2001 Context

Afghanistan’s experience with parliamentary democracy was short-lived because the country lacked favorable conditions for its growth.1 As such, the parliament was not effective and failed to build a bridge between the legislature and the executive. In less than ten years, Read More

The Afghan Parliament: Constitutional Mandate versus the Practice in the Post 2001 Context

Legislatures or parliaments, as the highest law-making bodies in a country, are seen to manifest the will of their people. They play an important role in the life of a nation by performing three fundamental functions: (1) making, changing and Read More

Study of Afghanistan’s Organization and Structure of Public Administration under the 2004 Constitution

In Afghanistan,since the inception of modern organizations of public administration,towards the end of nineteenth century,states have utilized different models of public administration ranging from centralization,to deconcentrated centralization,to decentralization.However,due to multiple and concomitant reasons,such as tribal and traditional structures,political instability,rapid regime change,constant Read More

A Study of Afghanistan’s Organization and Structure of Public Administration under the 2004 Constitution

System of public administration is one of the most important issues addressed under Afghanistan’s Constitution. Seven articles of Chapter Eight of 2004 Constitution lay down the basic structure and model of public administration in Afghanistan. However, study of organization of Read More

Judicial Review in Afghanistan: A Flawed Practice

Afghanistan’s Constitution of 2004 embodies more mechanisms of checks and balances compared to its predecessors. Among others, it embraces judicial review, a key element of constitutionalism and rule of law, and an entrenched component of modern constitutions. Under the Constitution, Read More

Judicial Review in Afghanistan: A Flawed Practice

Judicial review is the power of a court, or a similar institution, to review and decide on the constitutionality of laws and public acts. Though Marbury v. Madison marks the beginning of this practice in the US, the scope of Read More

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 Read More