Inclusive Dialogue on Constitutional Matters in a Comparative Legal Perspective

Current efforts to de-escalate armed conflict in Afghanistan raise important questions with a view to future forms of governance in the country. At the heart of ongoing debates is the fate of the Afghan Constitution. Since its adoption in 2004, the Constitution has been the subject of critical discussion and numerous proposals for reform. A significant part of the debate bears on the Islamic dimension of Afghanistan’s constitutional legal framework and the extent to which Islam informs the conduct of state affairs. Key provisions include the first three articles of the Constitution which respectively characterise the state as an Islamic Republic, establish Islam as the official religion and prescribe conformity of all state legislation with Islamic law. In practice, however, the implementation of such clauses in the wider constitutional and political framework hinges on choices made between their several justifiable interpretations. These further divide the competing political, social and religious factions of Afghan social and political life in their pursuit of reforms.

Against the backdrop of protracted constitutional debate, the Foundation facilitates an intra-Afghan academic dialogue on challenging questions of constitutional law and their implications for the peace process. The Foundation implements these activities jointly with its partner organisation in Kabul, the Afghanistan Legal Research and Development Organization (ALRDO).

Funding

German Foreign Office

Duration

1 November 2019 – 31 December 2022

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