The Role of Constitution Building Processes in Democratization - Case Study Afghanistan

This is a case study by Carolyn McCool, published by International IDEA in 2004. The Constitutional Loya Jirga, or constitutional grand assembly of Afghans, had argued since the middle of December, sometimes bitterly, over the draft constitution, but key issues remained unresolved at the beginning of January, 2004, including the form of government, the place of Islam, the structure of the state, language and ethnic identity, and women’s rights. A substantial number of delegates refused to vote on critical issues. Gridlock threatened the process and any possible outcome. Finally the delegates of Loya Jirga adopted a new constitution. Critical questions include the degrees to which this process may come to stand, along with the constitution itself, as a cornerstone of national reconciliation and the building of peace, as well as any extent to which it may contribute to future conflict.