Afghanistan: Review of Constitutional Reform 2021

2022, Luís Roberto Barroso and Richard Albert (eds), The 2021 International Review of Constitutional Reform, 7-11

5 Pages Posted: 23 Jul 2024

See all articles by Amal Sethi

Amal Sethi

University of Leicester

Sumit Chatterjee

University of Hamburg

Aditi Vishwas Sheth

National Law School of India University

Sofia Seddiq Zai

Independent

Date Written: November 01, 2022

Abstract

This chapter examines the constitutional landscape in Afghanistan following the Taliban's swift takeover in August 2021, which marked a dramatic shift in the country's legal and political order. Departing from the conventional path of formal constitutional reform, the Taliban has opted for a more opaque approach, effectively dismantling the 2004 Constitution through a series of decrees and unwritten codes enforced through intimidation and violence. The chapter explores the key areas of this de facto constitutional reform, including the establishment of a shadow government dominated by Taliban members, the imposition of a strict interpretation of Sharia law based on Hanafi jurisprudence, and the severe curtailment of human rights, particularly those of women and minorities. It argues that the Taliban's approach to governance reflects a deep aversion to Western influences and a preference for an authoritarian, centralized state, characterized by a lack of transparency and accountability. The chapter also considers the implications of these developments for the future of constitutionalism and the rule of law in Afghanistan, highlighting the challenges posed by the Taliban's strategic indeterminacy and the uncertainty surrounding their long-term vision for the country. It concludes by reflecting on the potential trajectories of Afghanistan's legal and political systems under Taliban rule and the role of the international community in shaping the country's constitutional future.

Keywords: Taliban, Afghanistan, Human Rights, Unwritten Constitution, Hanafi Jurisprudence, Interim Government

Suggested Citation

Sethi, Amal and Chatterjee, Sumit and Vishwas Sheth, Aditi and Zai, Sofia Seddiq, Afghanistan: Review of Constitutional Reform 2021 (November 01, 2022). 2022, Luís Roberto Barroso and Richard Albert (eds), The 2021 International Review of Constitutional Reform, 7-11, Available at SSRN: https://ssrn.com/abstract=4864525 or http://dx.doi.org/10.2139/ssrn.4864525

Amal Sethi (Contact Author)

University of Leicester ( email )

University Road
Leicester, LE1 7RH
United Kingdom

Sumit Chatterjee

University of Hamburg ( email )

Aditi Vishwas Sheth

National Law School of India University ( email )

Nagarbhavi
Bangalore
India

Sofia Seddiq Zai

Independent ( email )

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