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Chapter Three The Legislative and Institutional Framework in Afghanistan

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Chapter Summary

Since its birth in 1919, modern Afghanistan has been entangled in a net of intertwined and complex, national and international conflicts almost uninterruptedly, reflecting a multitude of different root causes and escalating factors. The 2004 Constitution of the Islamic Republic of Afghanistan (AC) establishes a fragmented and complex constitutional order. This order comprises state law, or statutary law, adopted according to the legislative procedures involving the respective state institutions, and Islamic or Shari'a law, as interpreted by the Hanafi school of fiqh. Afghanistan has one of the lowest-ranking justice systems in the world. The troublesome legacy of the police in Afghanistan dates back to before the Taliban regime. The relative failure of the law enforcement institutions of the Afghan state, especially in the rural areas, results in the continued importance in Afghanistan of an informal administration of justice, a permanent feature throughout its history.

Keywords: 2004 constitution; Islamic Republic of Afghanistan; justice system; police; state law; Taliban regime

10.1163/9789004265714_005
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