Constitutional History Of Afghanistan Essay

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Constitutional History of Afghanistan (1923 – 2004):
In today’s world every countries constitution is a result of an event, and mostly emerged from an independence, revolution, or a change in regime, Kuwait wrote its first constitution after its independence 1961, India’s constitution was created after its independence in 1947, and Thailand enacted a constitution in 1932 after toppling the absolute monarchy.In this regard Afghanistan is not an exception, looking at the history of constitution making in Afghanistan, constitutions were almost linked to the crises, coup d’etats, and regime change. The first written Constitution of Afghanistan was introduced by Prince Amanullah in 1923, which recognized some fundamental rights and served to
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Respectfully a new constitution was introduced in 1977 after Mohammad Zahir Sha overthrown by a military coup, in 1979 soviet invaded Afghanistan and in 1987 after the soviet invasion, a new constitution was promulgated by Dr. Najibullah Government inspired by the Soviet Union. In 1990 after the withdrawal of Soviet Union, Mujahedeen Government tried to introduce a new constitution but clashes erupted between different fractions of Mujahedeen pulled the country into a civil war. In 1994 Taliban emerged as an Islamic Fundamentalist group, in 1996 Taliban held the power in Afghanistan until 2001.In this era Afghanistan had no constitution, however, the Taliban introduced a code of conduct based on sharia principles. Following the 9/11attack, United states toppled the Taliban regime by launching in cooperation with NATO-led International Security Assistance Force (ISAF). After the takeover of Taliban regime, the international community with intention to draw a blueprint for a new Afghanistan, UN sponsored an international conference lead to the Bonn Agreement (officially the Agreement on Provisional Arrangements in Afghanistan Pending the Re-Establishment of Permanent Government Institutions), under the Bonn Agreement, the process of creating a new constitution was recognized …show more content…
Establish Strong Central Government – Separation of power was one of the important issues debated the most within the CLJ. Besides the presence of three separate branches, the president is the head of government supervises over all three. The 2004 constitution combines the king and prime minister powers recognized under the constitution of 1964 constitute and forms current presidency system, the 2004 constitution shaped a centralized government able to integrate multiple ethnicities with different languages and diverse regions that compose the country. Additionally, the existence of unstable surroundings which likely to continue in the future, Afghanistan cannot afford a weak and fragmented central government. Furthermore There “was a fear that without an established center, decentralization would simply be a license for continuing fragmentation”. Thus one of the objectives of the of the 2004 constitution is to form a strong central authority, Article (60) “The President shall be the head of state of the Islamic Republic of Afghanistan, executing his authorities in the executive, legislative and judiciary fields in accordance with the provisions of this Constitution.” In the executive under the article 64 of the constitution, the President is the commands the armed forces, proclaims states of emergency, appoints and oversee ministers, establishes commissions, represent the country to the foreign nations. In legislative field, determines national policy, endorse and

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