— Zubair Abbasi, Chevening Fellow, Oxford Center for Islamic Studies, Associate Professor, Lahore University of Management Sciences (LUMS) Introduction President Biden’s declaration of US withdrawal from Afghanistan has raised concerns about the future of the Afghan constitutional system. Afghanistan’s current Constitution was adopted in 2004. During the process of the drafting of this Constitution, the
A Country with Two Rival Presidents: Is it Time for Afghanistan to Formally Move to Consociationalism?
–Shamshad Pasarlay, Herat University School of Law and Political Science. Email: shamshad.bahar[at]yahoo.com One of the daunting puzzles for scholars interested in constitutional design is how to craft a democratic constitution for a deeply divided society. The challenge is to form a system of government in which all religious, ethnic and linguistic groups of a deeply
—Shamshad Pasarlay, University of Washington School of Law Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional
—Clark B. Lombardi & Shamshad Pasarlay, University of Washington School of Law 2014 marks the tenth anniversary of the current Afghan Constitution, as a post last month on FP.com (cross-posted on this blog) noted. In that post, two American experts in comparative constitutional law, Tom Ginsburg and Aziz Huq, critiqued the performance of the government