There are plains which have soil that is good for growing plants and foothills. None of the citizens of the nation shall be deprived of h is afghan citizenship. The constitution of afghanistan harvard university. Resolving the crisis over constitutional interpretation in afghanistan 3 from 2004 to 2007, it appears as though the supreme court and the executive assumed or at least acted as if the supreme court had been granted the same broad jurisdiction to interpret the constitution as had been envisioned for the constitutional court. Yet on many occasions the sc was faced with questions over clarification and better understanding of certain aspects of the 1964 constitution. In afghanistan, the daripashto version of the law is the official version. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other.
Dec 07, 2019 for countries with previous constitutions, the years are listed. Afghanistan research and evaluation unit afghanistan s constitution ten years on. The federal government may intervene in the territory of the provinces. Structure of government and centerperiphery relation bereket habte selassie 1. The constitution and laws of afghanistan world digital library.
The 1964 constitution of afghanistan transformed afghanistan into a modern democracy. Constitution of indialegislative department ministry of. Download pdf constitution of nepal 2015 official english translation by the ministry of law, justice and parliamentary affairs of nepal download pdf. Let us let the ink dry on the ustaliban deal and take a good long look at history before making any proclamations about whats next with drug production in afghanistan. Bhutan is a sovereign kingdom and the sovereign power. The nation of afghanistan is composed of all individuals who possess the citizenship of afghanistan. Introduction if a constitution as the soul of a nation, as a south african scholar puts it, i am tempted. Aug 18, 2019 subject to the provisions of this title, this constitution shall come into force from the date it is signed and proclaimed by the king.
Constitutional history of afghanistan encyclopaedia iranica. Every afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Have adopted this constitution in compliance with historical, cultural, and social requirements of the era, through our elected representatives in the grand council loya jirga dated 14 jaddi 82 in the city of kabul. Directives related to the press, radio, and television as well as publications and other mass media shall be regulated by law. The department has taken all care and effort to ensure to update this edition of the constitution of india by including all the constitutional amendments till date. The constitution of the islamic republic of iran persian.
Article239 provides a very rigid procedure of amending the constitution. Kings, secular rulers, mujahideen or taliban, or the incumbent internationally backed government of karzai. The provisions of the new constitution regarding womens rights are analysed under three categories. The constitution has been called a hybrid of theocratic and democratic elements. Afghanistan has snow and glaciers in the mountains. Afghanistan history, map, flag, capital, population. Constitution making in afghanistan had in the past been almost invariably linked to crises, coup detats and regime change. Zaorv 64 2004, 867880 the sharia in the new afghan constitution. National constitution, ensuring its administration of justice, municipal regime, and elementary education. Rubin o n 4 january 2004, nearly all 502 members of the constitutional loya jirga grand council meeting in kabul silently stood to approve a new constitution for the islamic republic of afghanistan. Issues have arisen since then over textual ambiguities in the constitution as well as the locus of authority that can address and clarify them. Article 18 as amended by the constitutional law of october 17, 1927 and the constitutional law of september 21, 1990 the chamber of deputies and the council of ministers have the right to propose laws. This article argues that womens human rights were and are being violated in afghanistan regardless of who governs the country.
Do hereby ordain and adopt this constitution for the kingdom of bhutan on the fifteenth day of the fifth month of the male earth rat year corresponding to the eighteenth day of july, two thousand and eight. As with all alep textbooks, the content of an introduction to the constitutional law of afghanistan 2nd edition is the product of extensive collaboration. Every afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law. Index of afghanistan laws united states agency for. English translations are provided for reference purposes only and are not official. Introduction in english legal terminology the term sharia may be used to refer to islamic. Afghanistan is the presence of landmines and explosive devices, which kill and maim hundreds of people every year. The constitution and laws of afghanistan originally was written as a dissertation at christs college, cambridge, by an afghan student, sultan muhammad khan, and published in london in 1900.
In the name of god, the almighty and the just to reorganize the national life of afghanistan according to the requirements of the times and on the basis of the realities of national history and culture. That sc then was also entrusted with the authority to interpret the constitution but hardly played that rule in a visibly effective way. The constitution of the islamic republic of afghanistan. Decree by president of islamic republic of afghanistan on. The country has a lot of a valuable stone called lapis lazuli, which was used to decorate the tomb of the egyptian king tutankhamun. A bill to amend the constitution must be passed by both the houses of parliament separately by 23 rd majority vote.
Click the link for afghanistan constitution pdf file click the link for afghanistan constitution pdf file on ministry of justice website the present constitution of the islamic republic of afghanistan was agreed upon by more than 500 delegates representing afghan men and women from across the country at the constitutional loya jirga december. When there is no provision in the constitution or other laws regarding ruling on an issue, the courts decisions shall be within the limits of this constitution in accord with the hanafi jurisprudence and in a way to serve justice in the best possible manner. Afghanistan in the course of history by mir gholam m. Afghanistan simple english wikipedia, the free encyclopedia. The constitution of afghanistan center on international. Part is also dry and called the registan desert afghanistan has snow and glaciers in the mountains. Afghanistans political and constitutional development abstract the events of 11 september brought dramatic changes to the political landscape of afghanistan. The word afghan shall apply to every citizen of afghanistan. Constitution of the kingdom of afghanistan wikisource. Constitution of the islamic republic of iran wikipedia. Afghanistan constitution and citizenship laws handbook. The constitution consists of 162 articles and was officially signed by hamid karzai on january 26, 2004.
The loya jirga was required to convene within eighteen months of the establishment of afghan transitional administration, which was established by the emergency loya jirga in june 2002. This edition of the constitution of india is made available for reference and information of the general public. We, the sovereign people of nepal, internalizing the peoples sovereign right and right to autonomy and selfrule, while maintaining freedom, sovereignty, territorial. Constitution of october 4, 1958 conseil constitutionnel. Constitution of afghanistan final draft in daripashto. The 1945 constitution of the republic of indonesia ilo. The constitution of the islamic republic of afghanistan, approved january 4 by a 502member. The full text of the constitution may be found below.
Constitution of bosnia and herzegovina preamble based on respect for human dignity, liberty, and equality, dedicated to peace, justice, tolerance, and reconciliation, convinced that democratic governmental institutions and fair procedures best produce peaceful relations within a pluralist society, desiring to promote the general welfare and economic growth through the protection of. According to the mine action programme of afghanistan mapa, there are 4,681 minefields and 192 battlefield areas that threaten the lives and livelihoods of 1,655 afghan communities in the country. Unlike other histories of afghanistan, this book is not a mere narrative of the reigns of despotic monarchs, but is also a commendable tapestry of the struggles and valour of the people of afghanistan against foreign occupiers and indigenous traitors. Unlike in the wake of the soviet withdrawal in 1989, this time the. According to the bonn agreement, a new constitution was requested to be drafted within eighteen months from the establishment of the transitional islamic state of afghanistan. Afghanistan had six constitutions in less than a century plus an. Afghanistan in the course of history is perhaps the only history of afghanistan that has been written by a conscientious historiographer. Implementation of the provisions of this constitution and other laws, defending independence, national sovereignty, territorial i ntegrity, and ensuring the security and defense capability of the country, are the basic duties of the state.
Freedom or theocracy constitutionalism in afghanistan and iraq. President hamid karzai signed and officially promulgated the document on 26. As amended by the constitutional act amending article 14 of the constitution of the. Constitutions of the past external link afghanistan online constitutions of 1923, 1963, 1976, 1987, and 1990. The mountains are called the hindu kush and himalayas. This english version, issued august 16, 2010 is unofficial. Cons titution of the peop le s r e p u b l ic o f b a n g l a d e s h 4th november 1 972 p r e a m b l e w e, the people of b angladesh, having proclaim ed our independence on the 26th day of m arch.
A commission of legal scholars was assigned by his excellency, hamid karzai, president of the transitional islamic state of afghanistan, to draft a new constitution. The making of a constitution in afghanistan when afghanistans first constitution was promulgated by king amanullah, afghanistan has had eight different constitutions. The nation of afghanistan consists of all individuals who are the citizens of afghanistan. The king shall at all times profess the evangelicallutheran religion. In any conflict between this and the original dari pashto constitution, the dari pashto version shall take precedence. The word afghan applies to every citizen of afghanistan. The afghan constitution commission or afghan constitutional commission was established october 5, 2002 as required by the bonn agreement, which stipulated that a new afghan constitution be adopted by a loya jirga. The french people solemnly proclaim their attachment to the rights of man and the principles of national sovereignty as defined. Constitutional interpretation, once in crisis, does not seem to be in such a state anymore in afghanistan.
Afghanistans political and constitutional development. In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterbychapter comments the first edition, and. In terms of content, we thank auaf professors ghizaal haress and mohammad isaqzadeh, who provided extensive chapterby. In his introduction, the author writes that in searching in the libraries of the university of cambridge and the british museum, all the books of reference on afghanistan which i have been able to. Article 5 territorial integrity implementation of the provisions of this constitution and other laws. Every afghan has the right to express his thought through speech, writing, or illustration or other means, by observing the provisions stated in this constitution. Constitution and the law of the land are possessed by the king. The constitution of the islamic republic of afghanistan ratified january 26, 2004. Resolving the crisis over constitutional interpretation in. Although afghanistan afghan empire was made a state in 1747 by ahmad shah durrani, the earliest afghan constitution was written during the reign of emir abdur rahman khan in the 1890s followed by the 1923 version. Afghanistan research and evaluation unit let us let the.
The constitution of afghanistan is the supreme law of the state of afghanistan, which serves as the legal framework between the afghan government and the afghan citizens. Affairs related to the citizenship and asylum are regulated by law. Constitutionalism in afghanistan and iraq by hannibal travis afghans are victims of the games superpowers once played. Afghanistan and only became functional some two years later. The current afghan constitution was approved by the consensus in january 2004 after the 2003 loya jirga. The nation of afghanistan is comprised of pashtun, tajik, hazara, uzbak, turkman, baluch, pashai, nuristani, aymaq, arab, qirghiz, qizilbash, gujur, brahwui and other ethnic groups. The making of a constitution in afghanistan j alexander thier i. The 1973 constitution of pakistan is a rigid constitution but it is not so rigid like that of us constitution. Afghanistan has a continental climate with hot summers and. If amendments are passed later, an amended version will be issued. Sovereignty is exercised in accordance with this constitution which is the supreme. Constitution of the kingdom of afghanistan wikisource, the.
While simply making it to a tenth birthday is an achievement of sorts, as many national constitutions. Strategic information and basic laws world business law library usa international business publications on. The constitution of afghanistan year 82 in the name of god, the merciful, the compassionate contents preamble chapter onethe state 21 articles chapter twothe fundamental rights and duties of citizens 37 articles chapter threethe president 11 articles. The constitution of afghanistan and womens rights springerlink. These translations have been collected from a variety of sources and their accuracy may vary. Mar 04, 2014 afghanistans constitution at ten on january 26, afghanistans constitution turned 10. Download pdf this document is presented in daripashto. Introduction the bonn agreement and the adoption of a new constitution the agreement on provisional arrangements in afghanistan pending the reestablishment of permanent government institutions, otherwise known as the bonn agreement, was signed on december 5, 2001. Therefore, the cortes pass and the spanish people ratifies the following. Under these conditions, the federal government shall guarantee each province the full exercise of its institutions. For the first time in more than two decades, there was a real possibility of peace and stability in the country.
Constitution of nepal 2015 official english translation. The constitution of nepal date of publication in nepal gazette 20 september 2015 2072. The constitution of romania of 1991 was amended and completed by the law no. The constitution states that the citizens of afghanistan whether man or womanhave equal rights and duties before the law and includes special provisions to. The nation of afghanistan shall be comprised of pashtun, tajik, hazara, uzbek, turkman, baluch, pachaie, nuristani, aymaq, arab, qirghiz, qizilbash, gujur, brahwui, and other tribes. It is argued that the current constitution is a step in the right direction but, far from protecting womens rights effectively, it requires substantial revamping. Have, herein, approved this constitution in accordance with the historical, cultural and social realities as well as requirements of time through our elected representatives in the loya jirga, dated january 3, 2004, held in the city of kabul. Download pdf constitution of afghanistan final draft in daripashto. Constitution of afghanistan in english external link includes links in pdf to both the pashtudari constitution and an english translation. No law shall be promulgated until it has been adopted by the chamber.
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