Constitutional Interpretation and Constitutional Review in Afghanistan: Is There Still a Crisis?
By 30 March 2015
Afghanistan -- Independent commission for overseeing the implementation of constitution, 03 Dec 2013 (photo credit: Radio Liberty)
<p>Constitutional interpretation—specifically, the question over where to locate the power to issue constitutional interpretations that would bind the branches of the government—was a controversial issue during the drafting of the 2004 Constitution of Afghanistan. The drafters of the Constitution (members of the Constitutional Drafting Commission and Constitutional Review Commission) recommended an independent constitutional court to interpret the Constitution and conduct constitutional review of laws. But the then President, <em>Hamid Karzai</em>, and his cabinet removed the draft constitutional court before the convention of the Constitutional<em>Loya Jirga</em> (the popular body that adopted the 2004 Constitution).
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