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    • Arizona Journal of International and Comparative Law, Volume 40
    • Arizona Journal of International and Comparative Law, Vol. 40, No. 1
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    The Making and the Breaking of Constitutions in Afghanistan [Article]

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    Author
    Pasarlay, Shamshad
    Issue Date
    2023
    
    Metadata
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    Citation
    40 Ariz. J. Int'l & Comp. L. 59 (2023)
    Publisher
    The University of Arizona James E. Rogers College of Law (Tucson, AZ)
    Journal
    Arizona Journal of International and Comparative Law
    Description
    Article
    URI
    http://hdl.handle.net/10150/669703
    Additional Links
    http://arizonajournal.org
    Abstract
    In recent years as scholars have begun to strenuously study and evaluate the performance of written constitutions, the role of constitution-making processes in that venture is coming to the fore. Some scholars argue that the design of processes through which constitutions are written may have a bearing on the expected endurance and functioning of these important documents. In other words, the performance of constitutions is more pertinent, in some respects, to how they are produced than to what is actually written in them. In this paper, I evaluate constitution-making processes in Afghanistan and explore the role these processes played in producing “successful,” enduring constitutions. Specifically, I examine why some constitution-making processes in this country produced stable and enduring constitutions, whereas others crumbled before agreement on basic questions could be forged or begot short-lived, “failed” constitutions. I also highlight what role political elites, short-term partisan bargaining, and interests played in these constitution-making processes. Finally, I probe why many constitutions in Afghanistan have died young and why the death of constitutions has been violent.
    Type
    Article
    text
    Language
    en
    ISSN
    0743-6963
    Collections
    Arizona Journal of International and Comparative Law, Vol. 40, No. 1

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