Publication of Workshop Material on Constitutional Law and Human Rights from an International, Comparative and Afghan Perspective

The Foundation compiled a collection of scholarly essays for use in the professional practice of Afghan judges and as supporting material for the ongoing workshop series

Constitutional law and human rights obligations are cross-cutting in their relevance and inform the application of all other areas of law. As such they have an immense implication for the daily work of judges. The Constitution of the Islamic Republic of Afghanistan has been lauded for the wide range of fundamental rights it promises to secure, but it is Afghan judges who play the pivotal role in realising this potential in legal practice. The publication invites judges in Afghanistan to reflect on how constitutional law and human rights feature in their own decisions and how they may shape the further development of the Afghan legal system.

The collection brings together eighteen original essays that were originally written to accompany the series of workshops conducted in 2020 with Afghan female judges. It has been published in both Dari and English. The work was developed as part of the ongoing cooperation between the Max Planck Foundation and the Afghan Legal Research and Development Organisation (ALRDO). The compilation approaches questions of constitutional law and human rights from various perspectives, taking into account international law and comparative legal analysis as well as Islamic and domestic Afghan law. Whereas the Foundation’s research fellows contributed with the comparative and international perspectives, the Afghan authors added the national and Islamic law dimensions. The collection benefits immensely from the diversity of its contributors, each with their own viewpoints and emphases.

The collection was developed and published with the generous support of the German Federal Foreign Office and forms part of the project entitled “Afghan Women Judges Association: Empowerment through Capacity-Building, Partnership and Advocacy“. The Supreme Court of the Islamic Republic of Afghanistan contributed substantively to the volume and kindly supported the hosting of the workshops for which these materials were devised.