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http://dx.doi.org/10.25673/122888| Title: | A Prime Minister for Afghanistan? : Historical Precedents, Constitutional Design, and Policy Implications |
| Author(s): | Nasiri, Mohammad Tahir |
| Issue Date: | 2019 |
| Type: | Article |
| Language: | Persian |
| Publisher: | مجله مطالعات حقوقی افغانستان |
| Abstract: | This paper examines the constitutional, historical, and political dimensions of introducing a prime ministerial office in Afghanistan. Drawing on Afghanistan’s constitutional evolution from 1923 to 2004 and comparative insights from the French semi-presidential system, it argues that re-establishing a premiership would risk institutional paralysis, political fragmentation, and renewed ethnic division. The study highlights that Afghanistan’s past experiments with dual executives—whether under monarchy, republicanism, or the post-2014 “unity government”—produced instability and blurred accountability. A strong, directly elected president, accountable to the electorate and constrained by a vibrant opposition and an independent judiciary, is deemed more consistent with Afghanistan’s socio-political realities and Islamic traditions. The paper concludes that constitutional integrity, national unity, and state functionality are best preserved through a singular executive, complemented by strengthened democratic institutions to ensure transparency, accountability, and the rule of law. |
| Annotations: | The Journal of Afghan Legal Studies (JALS) is a peer-reviewed academic journal dedicated to Afghan law and related legal topics. It is published by the Institute for Law and Society in Afghanistan (ILSAF) and includes articles in Dari, Pashto, and English. The journal focuses on state law, Islamic law, customary law, international law, and other legal norms relevant to Afghanistan and its people. JALS is distributed both within Afghanistan and internationally. |
| URI: | https://opendata.uni-halle.de//handle/1981185920/124831 http://dx.doi.org/10.25673/122888 |
| ISSN: | 2522-3070 |
| Open Access: | Open access publication |
| License: | (CC BY 4.0) Creative Commons Attribution 4.0 |
| Journal Title: | مجله مطالعات حقوقی افغانستان |
| Volume: | 4 |
| Original Publication: | https://public.bibliothek.uni-halle.de/jals/article/view/3306/version/3256 |
| Page Start: | 119 |
| Page End: | 137 |
| Appears in Collections: | Open Journal System ULB |
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| File | Description | Size | Format | |
|---|---|---|---|---|
| jals_volume_4_7525.pdf | 386.92 kB | Adobe PDF | ![]() View/Open |
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