Participants discussed the lack of regulation to determine who is responsible for binding constitutional interpretation and the resulting constitutional conflict in Afghanistan
Since the conflict concerning the ouster of former Afghan Foreign Minister Spanta in 2007, the Afghan constitutional system has been in crisis. Of vital importance is the lack of clarity concerning the Afghan institution that has the responsibility and mandate for issuing binding decisions with regard to the interpretation of the Constitution. Resolving this issue is essential for the successful development of Afghanistan into a constitutional State.
The institutional conflict concerning binding constitutional interpretation involves two institutions: the Independent Commission for Overseeing the Implementation of the Constitution (ICOIC) and the Supreme Court (SC). The upcoming conference will adress this controversy and propose a draft for constitutional amendment.
A comparative approach to constitutional interpretation will be employed to guide the discussions and explore options to prevent further politicisation of the issue.
The conference will be hosted at the Max Planck Foundation for International Peace and the Rule of Law in November 2013.