Constitution and Rule of Law: An Urgent Need of the Current Stage

Afghanistan is currently at a critical historical juncture and faces a significant test getting out of the current situation. The current crisis in Afghanistan has many facets, one of which is the lack of a constitution and the rule of law. This problem particularly became acute after recent developments. However, Afghan society at different periods has regulated its affairs according to different constitutions; but in some stages, the laws have not been fully implemented, and that is why the country has always struggled with the issue of the rule of law.

In the modern world, constitutions form the basis for the organization of all affairs of states, including the structure of the three branches of government: legislative, executive and judicial, and defining political and civil principles, and the functions and limits of government and nation. Constitution is made or amended when a society undergoes a gradual transformation, a new country is formed, or gains independence. In any case, there is a dire need for constitutions in today’s world, and given the current international system, societies cannot survive without constitutions.

Afghanistan is currently in a complete legal vacuum. Although it has been several months since the Islamic Emirate came to power, the general perception is that the new government has no plans for the rule of law, particularly the constitution, which further added to the ambiguity about the country’s future system. Afghans and the world still do not know under what law and system Afghan society will live. How long will the current caretaker government be in power, and ultimately a permanent system will be formed based on which law and how this law will be made?

The implementation of the constitution of the last 20 years is not acceptable to the Islamic Emirate as this constitution was drafted under the influence of foreigners. Therefore the Taliban once promised to implement the constitution of Mohammad Zahir Shah’s era (1343 AD), which has not yet been implemented, even no initial steps have been taken in this regard. It is believed that the Islamic Emirate has given the green light to implement this constitution with amendments due to its resemblance to the system of that period. At that time, the King was considered as the current Emir, and there was no election to elect the ruler.

With these being said, there is an urgent need for the Islamic Emirate to formulate and implement a provisional constitution and then other laws for several reasons. The first is that the Afghan society is currently driven entirely by personal tastes, and all affairs are conducted according to personal inclinations and preferences; because all the existing laws are viewed with suspicion and are not enforced. Second, implementing a provisional constitution will help regulate and improve governance at the domestic level. Third, moving toward legitimacy and the rule of law will also pave the way for the government’s internal and international legitimacy. The international community now ties the Taliban government’s recognition with ensuring the fundamental rights of all citizens. The enactment of a constitution will make it easier for the Taliban to assure the international community that the rights of all citizens are protected.

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