Inclusive Dialogue on Constitutional Matters in a Comparative Legal Perspective

The current efforts to de-escalate armed conflict in Afghanistan are raising numerous questions as to the future of the governance structure in the country. At the very core of this debate is the fate of the Afghan Constitution. Such conversations do not materialise in a vacuum – since its adoption in 2004, the Afghan Constitution regularly has been subject to discussions aimed at its further refinement. A main topic of debate is, how Islamic the Afghan Constitution is and whether Islam is sufficiently reflected in the organisation of the state. Article 1 of the Afghan Constitution characterises the state already as an “Islamic Republic”; Articles 2 and 3 make Islam itself the state religion and conformity with Islamic Law, the yardstick of all proper legislation. At the same time, the necessary concretisation of these programmatic clauses permits a wide range of justifiable interpretations. The multitude of political, social and religious forces in the country is divided by these interpretations.

It is against this backdrop that the Foundation will facilitate an Afghan-driven academic dialogue on constitutional law questions and their possible implications for the peace process. The Foundation will implement this project together with its partner organisation in Kabul: the Afghan Legal Research and Development Organisation (ALRDO).

Funding

German Foreign Office

Duration

1 November 2019 – 31 December 2020

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