Constitution of the Islamic Republic of Afghanistan

Constitution of the Islamic Republic of Afghanistan

Author: Government of Afghanistan

Publisher: Good Press

Published: 2021-04-11

Total Pages: 36

ISBN-13:

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Afghanistan's constitution was approved by consensus on January 4, 2004, and President Hamid Karzai acceded to it in Kabul on January 26, 2004. The norms of adherence to the tenets of Islam's holy religion, as well as Islamic constitutionalism, shall not be altered. Modifying people's fundamental rights is only allowed to improve them. Articles 149 and 150 of the Constitution cover the duties and obligations of the legislative organ in amending other articles of the Constitution. It is made up of a preamble and 162 articles organized into 12 chapters. Chapter I: State; Chapter II: Fundamental Rights and Duties of Citizens; Chapter III: The President; Chapter IV: Government; Chapter V: National Assembly; Chapter VI: Loya Jirga; Chapter VII: The Judiciary; Chapter VIII: Administration; Chapter IX: State of Emergency; Chapter X: Amendments; Chapter XI: Miscellaneous Provisions; Chapter XII: Transitional Provisions.


Constitutionalism in Context

Constitutionalism in Context

Author: David S. Law

Publisher:

Published: 2022-02-09

Total Pages: 612

ISBN-13: 1108674267

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With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.


Afghanistan Rising

Afghanistan Rising

Author: Faiz Ahmed

Publisher: Harvard University Press

Published: 2017-11-06

Total Pages: 448

ISBN-13: 0674971949

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Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.


Constitutional Issues in the Afghan Peace Negotiations

Constitutional Issues in the Afghan Peace Negotiations

Author: Barnett R. Rubin

Publisher:

Published: 2020

Total Pages: 23

ISBN-13: 9781601278364

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The peace negotiations between the Islamic Republic of Afghanistan and the Taliban that began in September in Doha, Qatar, will almost certainly include revisiting the country's constitution. Both sides claim to abide by Islamic law, but they interpret it in very different ways. This report examines some of the constitutional issues that divide the two sides, placing them within the context of decades of turmoil in Afghanistan and suggesting ideas for how the peace process might begin to resolve them.


Democracy and Islam in the New Constitution of Afghanistan

Democracy and Islam in the New Constitution of Afghanistan

Author:

Publisher:

Published: 2003

Total Pages: 59

ISBN-13:

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As part of a broad program of research and analysis on the Middle East and Asia, on January 28, 2003, RAND called together a group of renowned experts with knowledge in the fields of Islamic law, constitution writing, and democracy, and with specific country and regional expertise. The task was to identify ways in which the constitution of Afghanistan could help put the country on the path to a strong, stable democracy characterized by good governance and rule of law, in which Islam, human rights, and Afghanistan's international obligations were respected. The group was to keep in mind the realities of Afghanistan's current situation and draw from the experiences of other countries, with the aim of identifying practical ideas, particularly about the treatment of Islam in the constitution. The following document offers ideas to those involved in the drafting of the new constitution for Afghanistan.