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

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

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Highlights

Authors Mohammad Hashim Kamali
Type Issues Paper
Theme Legal Studies and Constitutional Review
Language English
Date of Publication August 25, 2014
Total Pages 56
Available In English
Description
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 with a new constitution. The question is whether the constitution itself, and the institution it creates, are able to resolve and clarify the ambiguities in the way that fortifies the constitution and the rule of law. Following the publication of the paper, Dr Kamali gave an interview expanding on his analysis and reflections. An edited extract of the interview can be found at (http://www.usip.org/olivebranch/afghanistans-prospective-unity-government-test-the-constitution). The full length transcript of the interview will be included in a forthcoming revised version of this paper.

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