Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue
Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue (First Edition)
Published in December 2020, amid the intra-Afghan talks, “Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue” analyses constitutional issues in Afghanistan from an academic perspective. Leaving the delicate and contentious political questions aside, the publication aims to provide a solid foundation for informed discussions, deliberations, and negotiations on key constitutional issues in Afghanistan.
The Companion employs a holistic methodology and benefits from its diversity of contributors, combining sources and perspectives from Afghan Constitutional law, Islamic law, and the constitutional experiences of other countries. The chapters of the collection address three major themes: systems of governance, individual and collective rights, and popular participation in political governance. Each chapter seeks to embed a specific topic in its historical and comparative contexts and to link them to the major political and scholarly debates that inform modern-day discourse. Case studies on the constitutional experiences of countries including Qatar, Kuwait, Iran, Lebanon, Tajikistan, Uzbekistan, and Pakistan provide the reader with practical and theoretical insights that may, in turn, bring colour to the current constitutional challenges Afghanistan faces.
Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue (Second Edition)
In 2022, the Max Planck Foundation published the second edition of “Constitutional Law in Theory and Practice: A Companion for an Afghan Dialogue,” this version at a very different time in Afghan history. In August 2021, the withdrawal of foreign troops from Afghanistan saw the return to power of the Taliban. On 28 September, the new de facto authorities issued a declaration to restore the Constitution of 1964 for an interim period, apart from any of its contents that would contradict Islamic law or refer to the King or Parliament. Making clear that constitutional law will form a part of their governance vision, the Taliban de facto authorities then announced their intention to form a commission in 2022 that would create a wholly new constitution.
This second edition serves as an accessible companion to the exploration of constitutional issues conceptually and in the contested political terrain of Afghanistan. Still serving as a foundation for informed debate on constitutional issues, the new edition explores an expanded range of issues in constitutional law. The publication is divided into four parts: constitution-making and its results, systems of governance, individual and collective rights, and popular participation in political governance. New sections on changes to constitutional text, whether formal or informal, and “eternity clauses” are added, and additional case studies, including one on Indonesia, are also included.
