Constitutions Without Constitutionalism: Reflections on Afghanistan’s Failed Constitutions

Hashimy, Sayed Qudrat (2023) Constitutions Without Constitutionalism: Reflections on Afghanistan’s Failed Constitutions. World Affairs: The Journal of International Issues, 27 (3). pp. 52-76. ISSN 09718052

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Abstract

he failure of the Afghan constitution is attributed to societal values incompatible with democracy, making the country appear ungovernable. The Taliban’s return has sparked debates on regime legitimacy and constitutionalisation. This process will shape Afghanistan’s approach to humanitarian and refugee law, and international aid. The 1964 Constitution was a milestone but was regarded as a failure while the 2004 Constitution, favouring democratic principles, is now illegal. Afghanistan’s challenges stem from a legitimacy crisis, limited citizen participation and parallel institutions. This article examines the successive failure of Afghan constitutions, focusing on the 1923, 1964, and 2004 ones. The study utilises doctrinal legal research, employing normative approaches to evaluate relevant literature, including secondary, primary, and legal documents.

Item Type:	Article
Uncontrolled Keywords:	Constitutionalism
Subjects:	L LAW > LAW
Divisions:	Department of > Law
Depositing User:	Dr Raju C
Date Deposited:	22 Nov 2023 06:19
Last Modified:	24 Nov 2023 05:04
URI:	http://eprints.uni-mysore.ac.in/id/eprint/17767

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