The Chronicle Constitutional Failures in Afghanistan: A Narrative of Agonising Constitutional Death

Hashimy, Sayed Qudrat (2022) The Chronicle Constitutional Failures in Afghanistan: A Narrative of Agonising Constitutional Death. The Indian Journal of Politics, 56 (1-2). pp. 111-130. ISSN 0303-9951

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Afghan constitutions fell because these constitutions were the regime’s constitution and not the Afghan people’s constitution. Each regime had its constitution, and all these constitutions were adopted in shrowded secrecy without a public referendum or inclusive public participation. The country was simply ungovernable; each regime collapsed because it lacked legitimacy in the eyes of the people. In this article, the study begins to examine the chronicle failure of the Constitutions in Afghanistan by highlighting the Afghanistan experience with the Constitutions 1923 and 1931, Constitution 1964, and Constitution 2004, which all serve as core the for the present discourse. The contention of this paper is to explain the causes of constitutional failure in the context of political transition. The premise of this paper is to overview the constitutional crisis over the last 98 years. The study employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. This qualitative explorative study aims to analyse the constitutional failure and demise of constitutionalism, which are scarce. To cope up with such scarcity, this study mined any type of relevant materials that have been published, including written manifestos, books and articles.

Item Type: Article
Uncontrolled Keywords: Constitutional Failure, Constitutional Crisis, Constitutionalism and Demise of Constitutionalism
Subjects: L LAW > LAW
Divisions: Department of > Law
Depositing User: C Swapna Library Assistant
Date Deposited: 26 Sep 2023 05:23
Last Modified: 26 Sep 2023 05:23

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