The Max Planck Foundation and its local partner organisations host further roundtable discussions on constitutional adjudication in Afghanistan

Afghanistan Roundtable July 2019

The second and third roundtable discussions on effective constitutional adjudication in Afghanistan convened legal experts and members of the legislature and of the judiciary.

On 17 and 18 July 2019, the Foundation and its partners, the Afghan Legal Research Development Organisation (ALRDO) and the Afghanistan Constitutional Studies Institution (ACSI), conducted a second roundtable discussion on reforms for effective constitutional adjudication in Afghanistan with members of the legislature representing both houses of the Afghan parliament. On 21 and 22 July 2019, members of the Supreme Court, of the Independent Commission for Overseeing the Implementation of the Constitution, and of the Attorney General Office were similarly engaged.

Expert presentations on the technical dimensions of constitutional adjudication and its local implications set the stage for detailed and critical engagement with the current institutional framework. Participants discussed diverse measures to improve legal practice by existing means as well as substantive proposals for reform, such as the introduction of individual constitutional complaint procedures as well as safeguards for the independence of constitutional adjudicators and the effective enforcement of their verdicts.

The issues were framed by a draft academic study and legislative proposal developed by ACSI which challenged participants to consider the role that a dedicated constitutional court could play in Afghanistan’s legal and political spheres. Their views were surveyed and taken on board for the further refinement of the study which will be submitted for discussion at a high-level conference marking the conclusion of the project.

The events are part of the project “Strengthening Constitutional Interpretation and the Application of Constitutional Law in Afghanistan“, funded by the German Federal Foreign Office.