A collection of scholarly essays on key matters of constitutional law and governance has been published
Despite enduring struggles over power and social ordering in Afghanistan, the forms of political contestation have taken on a new shape. Now, more than ever before, politicians and members of civil society as much as armed opposition movements similarly frame their aspirations in the language of proposals for constitutional rule and reform.
The Foundation welcomes this trend and has produced a volume to serve as a technical companion to the competing factions and individuals in Afghanistan who wish to advance their vision of the country’s future in accordance with the fundamental principles of the rule of law. Comprising of more than 500 pages, the English and Dari dual-language volume Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue brings together a variety of perspectives and case studies concerning core tenets of constitutionalism and sound governance. In-house research staff and their affiliates in Afghanistan and beyond contributed a total of 27 chapters that illuminate the central legal devices employed by constitution-makers and courts today in their efforts to sustain lasting frameworks for the exercise of public power. Each chapter not only takes up familiar themes of constitutionalism but explores intersecting doctrines of Islamic legal theory as well as the legal and cultural context and aspirations of Muslim-majority states. These perspectives integrate the experience of Afghanistan from the early twentieth century to the present day without passing judgment or advocating particular pathways towards reform. The collection serves as a technical, yet accessible companion for those who wish to relate the constitutional challenge in Afghanistan to broader discourses and experiences that have come to shape the global debate.
The collection was developed and published within the framework of the project Inclusive Dialogue on Constitutional Matters in a Comparative Legal Perspective.