The Foundation and its local partner organisations host conference on constitutional adjudication in Afghanistan

The event brought together distinguished participants to discuss the newly published proposal of the Afghan Constitutional Studies Institution for the establishment of a constitutional court in Afghanistan

On 21 November 2019, the Max Planck Foundation and the Afghan Legal Research and Development Organisation (ALRDO) hosted a conference to mark the release of a seminal proposal for the creation of a constitutional court in Afghanistan. Developed locally under the aegis of the Afghan Constitutional Studies Institution (ACSI) and its distinguished legal experts, and building on a series of roundtable events with high-ranking Afghan stakeholders, the document was published and distributed in a trilingual volume featuring full translations to Dari and Pashto. Representatives from all three branches of the Afghan state as well as select members of civil society and academia engaged in lively discussion with the authors.

The event was inaugurated by notable representatives, including the Deputy Head of the German Mission to Afghanistan, Christoph Peleikis, the Speaker of Afghanistan’s Lower House, Mir Rahman Rahmani, and the Deputy Chairperson of the Upper House, Mohamed Alam Ezadyar. Renowned Afghan academics involved in the production of the document presented their work and submitted it to lively discussion. Going beyond theoretical arguments for the new court building on the breadth of comparative constitutional legal research, the proposal included an annotated draft law detailing the precise institutional operations of the court. Participants engaged constructively both with the social and political potential of such reform as well as with legal technicalities such as appointment mechanisms to best guard the independence and moral standing of the tribunal.

There was wide agreement on the urgent need for reform of constitutional adjudication in Afghanistan and significant approval of the concrete proposal, thus setting ACSI’s reform agenda on a promising trajectory.

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