The Max Planck Foundation and its partners host workshop on constitutional adjudication in Afghanistan

AF WS Dehli Aug2019

Foundation staff and Afghan constitutional lawyers finalise research paper on judicial reform

From 3 to 8 August 2019, the Foundation and its partner organisation in Afghanistan, the Afghan Legal Research Development Organisation (ALRDO) hosted a joint workshop with the Afghanistan Constitutional Studies Institution (ACSI) in New Delhi, India. It integrated the findings of previous roundtable discussions with members of Afghan civil society and academia, the legislature and the judiciary into an upcoming ACSI research paper that explores the political and legal potential for the creation of a Supreme Court in Afghanistan.

Critical academic review guided the technical deliberations between participants and authors and set the draft study on its path towards completion. Notable points of discussion concerned questions of tenure and impeachment as well as appointment procedures and eligibility criteria for constitutional court judges that would satisfy the divergent needs for judicial independence, legal expertise and political legitimacy. A shared position on the scope and nature of review that a new constitutional court could meaningfully exercise in the complex play of political forces in Afghanistan also emerged from further intense debates during the event.

The resulting publication will be edited and finalised for public presentation and appraisal. It will contribute to Afghan constitutional discourse at a high-level conference to be held in Kabul this autumn.

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