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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "Afghanistan Constitution"
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The Curious Case of the Taliban’s Judicial Empowerment

—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law [Editor’s Note: This is one of our biweekly ICONnect columns. For more information on our 2022 columnists, see here.] Constitutional theorists have long debated a puzzling question: why do political officeholders choose to impose limits on their power and authorize apex courts to enforce

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Published on September 16, 2022
Author:          Filed under: Developments
 
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The Taliban and the Fall of Afghanistan’s Constitutional Tradition

–Shamshad Pasarlay (Visiting Lecturer, The University of Chicago Law School) [Editor’s Note: This is one of our ICONnect columns. For more on our 2022 columnists, see here.] The fall of the Islamic Republic of Afghanistan in August 2021 marked yet another abrupt rupture in political power in the country’s long and tumultuous history. The new

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Published on July 22, 2022
Author:          Filed under: Analysis
 
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Afghanistan’s Unwritten Constitution under the Taliban

—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago Law School [Editor’s Note: This is one of our ICONnect columns. For more information on our 2022 columnists, see here.] After taking control of Afghanistan last summer, the Taliban wasted no time in tearing down the legal and political order that had developed under the country’s 2004

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Published on May 17, 2022
Author:          Filed under: Analysis
 
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Dead or Alive?: The Taliban and the Conundrum of Afghanistan’s 2004 Constitution

—Shamshad Pasarlay, Visiting Lecturer, The University of Chicago School of Law [Editor’s Note: This is one of our biweekly ICONnect columns. For more information on our 2022 columnists, see here.] One of the closely observed aspects of the Taliban’s recent takeover of Afghanistan has been the group’s views on constitutionalism, and how they may address

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Published on March 23, 2022
Author:          Filed under: Developments
 
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The Myth of a Constitution’s ‘Goodness’: What We Get Wrong about Afghanistan’s 1964 Constitution

—Shamshad Pasarlay, Max Planck Foundation for International Peace and the Rule of Law [Editor’s Note: This is one of our biweekly ICONnect columns. The views expressed in this column belong solely to the author and do not necessarily reflect the opinions of the author’s organization.] On September 28, 2021, nearly two months after taking control

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Published on January 26, 2022
Author:          Filed under: Analysis
 
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Beyond Republic or Emirate: Afghan Constitutional System at Crossroads

— 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

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Published on April 27, 2021
Author:          Filed under: Analysis
 
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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.[1] The challenge is to form a system of government in which all religious, ethnic and linguistic groups of a deeply

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Published on March 18, 2020
Author:          Filed under: Analysis
 
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Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?

—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

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Published on March 18, 2015
Author:          Filed under: Analysis
 
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Might Afghans Amend The 2004 Constitution? Hints from a Televised Presidential Debate

—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

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Published on April 3, 2014
Author:          Filed under: Developments