Year : 2023, Volume : 27, Issue : 3
First page : ( 52) Last page : ( 76)
Print ISSN : 0971-8052. Online ISSN : 0974-0937. Published online : 2023  20.

Constitutions Without Constitutionalism: Reflections on Afghanistan’s Failed Constitutions

Hashimy Sayed Qudrat

Online Published on 20 December, 2023.

The 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.

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