Structural Requirements in the Constitutions of Afghanistan

Abstract

The constitution plays a crucial role in establishing the rule of law and effective governance as the most important national document. The effectiveness of the constitution is closely related to its acceptance and respect by the public. In fact, the level of respect for the constitution reflects the collective nature of the law, the representation of public interests, and the guarantee of fundamental rights for all citizens. Therefore, prioritizing public interests and considering the requirements of social structure are important aspects of the constitution. Despite more than a century of constitutional experience in Afghanistan, the lack of credibility and acceptance of past constitutions has been one of the major challenges in political reform and the rule of law in the country. A future constitution can only be effective if it has public acceptance and national credibility based on past experiences. This can be achieved when the constitution addresses the requirements of Afghanistan's social structure. The religious and ethnical nature of the social structure of afghanistan and the ethnic, religious, and linguistic diversity in the country, are most important characteristics of the social structure that have specific and important requirements.