Afghanistan: Review of Constitutional Law 2021

Abstract

This chapter provides a brief analysis of the constitutional and political developments in Afghanistan during 2021, focusing on the rapid fall of the Afghan government and the subsequent rise of the Taliban to power. It examines the inherent weaknesses of the 2004 Constitution, which established a centralized state with hyper-presidentialism and an ineffective single non-transferable vote electoral system, contributing to political instability and collapse. The chapter details how the Taliban's takeover has led to the dismantling of democratic institutions and the establishment of an interim government characterized by the exclusion of women and minorities, with governance based on a strict interpretation of Sharia law. It discusses the implications of these changes for constitutionalism and the rule of law in Afghanistan, highlighting the Taliban's authoritarian approach and its impact on human rights, particularly women's rights. It concludes with an outlook on the potential future constitutional and political landscape under Taliban rule, considering the international community's response and the challenges ahead for Afghanistan.

Keywords: Afghanistan, Taliban, Afghanistan 2004 Constitution, Endurance of National Constitutions