It has borders with pakistan in the south and east, iran in the west, turkmenistan, uzbekistan and tajikistan in the north, and china in the far northeast. Constitution making in afghanistan had in the past been almost invariably linked to crises, coup detats and regime change. Constitutions of the past external link afghanistan online constitutions of 1923, 1963, 1976, 1987, and 1990. Followers of other religions are free to exercise their faith and. The 2004 constitution was designed to take into account the social, political, and religious dynamic of afghanistan, and it established an islamic republic. The constitution was formally ratified by president hamid karzai at a ceremony in kabul on january 26, 2004. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or. In the name of god, the almighty and the just to reorganize the national life of afghanistan according to the requirements of the times and on the basis of the realities of national history and culture.
Part of thelaw commons this article is brought to you for free and open access by yale law school legal scholarship repository. Since its creation, it has been the subject of considerable debate among afghans and internationals alike. The elected institutions and the 2004 adoption of a constitution were part of a posttaliban transition roadmap established by a united nationssponsored agreement of major afghan factions signed in bonn, germany, on december 5, 2001 bonn agreement, 1 after the taliban. For creation of a civil society free of oppression, atrocity, discrimination, and violence and based on the rule of law, social justice, protection of human rights, and dignity, and ensuring the fundamental rights and freedoms of the people. The constitution of egypt falls into this category. Operation enduring freedom, march 2002april 2005, was written by historians dr. Fridays, as well as the 28th of asad and 8th of saur, shall be public holidays. The constitution of the islamic republic of afghanistan ratified january 26, 2004. Followers of other faiths shall be free within the bounds of law in the exercise and performance. Constitution of afghanistan final draft in daripashto. The constitution has been called a hybrid of theocratic and democratic elements. The making of a constitution in afghanistan j alexander thier.
Clj, and ratifying the new constitution at the clj. As with all alep textbooks, the content of an introduction to the constitutional law of afghanistan 2nd edition is the product of extensive collaboration. Followers of other faiths shall be free within the bounds of law in the exercise and. There are numerous cleavages in afghan society, including. Afghanistan this article is part of a series on the politics and government of afghanistan constitution loya jirga gran. Consider these provisions from the 2004 constitution of afghanistan. The national anthem of afghanistan shall be in pashtu and mention allahu akbar and the names of the ethnic groups of afghanistan. Constitution of afghanistan 2004 table of contents. Loya jirga, dated january 3, 2004, held in the city of kabul. The constitution of afghanistan, adopted and enacted in 2004. Article 21 capital the capital of afghanistan is the city of kabul. Making the 2004 constitution of afghanistan scholarly publishing.
Delegates hoped that this relatively liberal islamic constitution would provide a. Followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law. The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as. President hamid karzai signed and officially promulgated the document on 26 january 2004, inaugurating afghanistans sixth constitution since king amanullah khan promulgated the first in 1923.
Separation of powers in the afghan constitutional tradition the concept of separation of powers was embraced by afghanistans rulers at a rather late stage of the countrys political development, and then only for a brief historical period. Asianlii databases constitution of afghanistan 2004 database search name search. The hazara and the 2004 constitution justin desautelsstein introduction it seems rather natural to respond with ambivalence to the news of afghanistans recent foray into constitutionmaking. On the one hand, the emergence of a national charter allegiant to the united nations, international law, and. Article 62 of the constitution of afghanistan of 2004 states that a candidate for the office of. Although afghanistan afghan empire was made a state in 1747 by ahmad shah durrani, the earliest afghan constitution was written during the reign of emir abdur rahman khan in the 1890s followed by.
Unlike in the wake of the soviet withdrawal in 1989, this time the. In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterbychapter comments the first edition, and. In 1933 amanullahs nephew mohammad zahir shah, the last king of afghanistan, began a 40year reign. Constitution of afghanistan 2004 montpelier context. The full text of the constitution may be found below. Constitution of afghanistan in english external link includes links in pdf to both the pashtudari constitution and an english translation. The constitution of the islamic republic of afghanistan. Have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected representatives in the loya jirga, dated january 3, 2004, held in the city of kabul. However, resistance to his domestic reform program forced his abdication in 1929.
Afghanistan officially called islamic republic of afghanistan. The nation of afghanistan is comprised of the following ethnic groups. The constitution of afghanistan year 82 in the name of god, the merciful, the compassionate contents preamble chapter onethe state 21 articles. Afghanistans political and constitutional development abstract the events of 11 september brought dramatic changes to the political landscape of afghanistan.
The constitution of afghanistan is the supreme law of the state afghanistan, which serves as the legal framework between the afghan government and the afghan citizens. Karmal, assassinated president hafezullah amin and installed karmal as the president of the country. Click the link for afghanistan constitution pdf file on ministry of justice website the present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december, 2003 january 4, 2004. Chapter ii fundamental rights and duties of citizens article 22 equality icl afghanistan constitution page 3 of 9. In 1980, the revolutionary council is sued a provisional constitution, the fundamen tal principles of the democratic republic of af ghanistan. The constitution of the islamic republic of afghanistan, approved january 4 by a 502member assembly in kabul, creates a nation that pledges to be both islamic and democratic. The constitution recognizes islam as the national religion, commits to the universal declaration of human rights, and pledges to fight terrorism and narcotics production.
Operation nduring freedom united states army center of. Constitutional history of afghanistan constitutionnet. In part iv, we present several methods of constitutional interpretation, providing you with analytical frameworks to use as you study the constitution. If afghanistan is to be once again prosperous and free of war and terrorism, it must overcome the deep divisions that have led to three decades of war and political turmoil. This report examines the 2004 afghan constitution as a point of negotiation in a prospective conflict settlement process between the afghan government and the taliban. Afghanistan is an islamic republic, independent, unitary and indivisible state. Constitution of the peoples democratic republic of algeria. The constitution of afghanistan year 82 2004 in the name of god, the merciful, the compassionate contents preamble chapter one the state 21 articles chapter two the fundamental rights and duties of citizens 37 articles chapter three the president 11 articles. In any conflict between this and the original dari pashto constitution, the dari pashto version shall take precedence.
For the first time in more than two decades, there was a real possibility of peace and stability in the country. Pashtun, tajik, hazara, uzbak, turkman, baluch, pashai, nuristani, aymaq, arab, qirghiz, qizilbash, gujur, brahwui and others. Afghanistan simple english wikipedia, the free encyclopedia. Provisions are made to ensure free education and healthcare for all citizens. Constitution of the peoples democratic republic of algeria 1989 amended by the constitutional revision of 1996 preamble the algerian people are a free people, and decided to remain so. The second half of the paper emphasizes on the idea of separation of power in the 2004 afghan constitution and shows the presidential dominance, legislative weakness. Secretarygeneral dated 19 march 2004 on the situation in afghanistan and its implications for international. Taliban professed that their government aimed to free afghanistan of corruption. One of the first steps was the 2001 bonn conference, held under the auspices of the united nations, which brought together a few political factions to agree upon the. The basis for state offices shall be the solar calendar. Through this analysis, it normatively judges afghan constitutions by examining whether they coordinated the various disparate factions of this deeply divided country.
This dissertation finds that the most successful afghan constitutions deliberately left. The word afghan applies to every citizen of afghanistan. Constitutional interpretationspecifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the governmentwas a controversial issue during the drafting of the 2004 constitution of afghanistan. It is based on the 1964 constitution of zahir shah, and carries many similarities to the earlier document. Separation of powers in the new afghan constitution. Womens rights and the 2004 constitution of afghanistan nusrat choudhury follow this and additional works at. Its history is a long series of struggles which always made algeria a. Pdf the 2004 afghan constitution abdul nafay khaleeq. Tuesday, january 27 a canadian soldier, jamie brendan murphy, and one afghan civilian were killed by a suicide bomber in kabul. A step forward key findings the afghan constitution marks a new era for the wartorn country. In a ceremony in kabul, interim president hamid karzai officially signed the constitution of afghanistan. Because changes to the constitutions core principles are frequently cited as a major risk of a potential peace process, the report seeks to examine various. Section iv highlights some of the most important aspects of afghanistans new constitution, such as the separation and balance of powers of government, local andor regional powersharing, and the role of islam. And, eventually, regain afghanistans appropriate place in the international family.
Afghanistans political and constitutional development. The 2004 afghanistan constitution afghanistans current constitution was drafted and ratified as part of the bonn process. Shamshad pasarlay, university of washington school of law. Afghanistan had six constitutions in less than a century plus an. The nation of afghanistan consists of all individuals who are the citizen of afghanistan. President hamid karzai has signed afghanistans new constitution into law, a document that gives him sweeping powers but exposed divisions when it was debated in a national assembly that concluded. The constitution of the islamic republic of iran persian. The constitution of afghanistan ace electoral knowledge. Library of congress federal research division country profile. Freedom from discrimination, freedom from torture and cruel, inhuman or degrading treatment, freedom of expression, right to education, right to family life, right. Constitutional loya jirga december, 2003 january 4, 2004. Constitution of the islamic republic of iran wikipedia.
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