Skip to main content Accessibility help
×
Home
Hostname: page-component-7ccbd9845f-2c279 Total loading time: 0.889 Render date: 2023-01-31T00:55:58.376Z Has data issue: true Feature Flags: { "useRatesEcommerce": false } hasContentIssue true

5 - Constitution-Making for Divided Societies: Afghanistan

from III - Constitutional Drafting and Revision

Published online by Cambridge University Press:  17 February 2022

David S. Law
Affiliation:
University of Virginia
Get access

Summary

This chapter begins by surveying the current literature on constitutional design constitutions for divided societies and constitutional approaches to power sharing. It pays particular attention to the view that constitutions are best understood not as contracts, but rather as coordination devices. An implication of this view for constitutional design is that, in deeply divided societies, successful coordination (and thus successful constitution-writing) may be easier to achieve if the constitution deliberately leaves certain divisive constitutional questions unresolved, with the understanding that those questions will be resolved incrementally over time. Against this theoretical background, the chapter uses the history and constitutional history of Afghanistan to illuminate the challenges of developing a constitution that can coordinate politics in a deeply divided society, and it evaluates the pros and cons of different approaches to constitutional design in such contexts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Primary Sources

Bâli, Aslı Ü. and Lerner, Hanna (eds.), Constitution Writing, Religion and Democracy (Cambridge University Press, 2017).CrossRefGoogle Scholar
Choudhry, Sujit (ed.), Constitutional Design for Divided Societies: Integration or Accommodation? (Oxford University Press, 1998).Google Scholar
Horowitz, Donald L., Ethnic Groups in Conflict (University of California Press, 1985).Google Scholar
Lijphart, Arend, Thinking About Democracy: Power Sharing and Majority Rule in Theory and Practice (Routledge, 2008).Google Scholar
Reilly, Benjamin, Democracy in Divided Societies: Electoral Engineering for Conflict Management (Cambridge University Press, 2004).Google Scholar

Secondary Sources

Barfield, Thomas J., Afghanistan: A Cultural and Political History, 2nd ed. (Princeton University Press, 2012).Google Scholar
Chishti, Nighat Mehroze, Constitutional Development in Afghanistan (Royal Book Company, 1998).Google Scholar
Olesen, Asta, Islam and Politics in Afghanistan (Routledge, 1995).Google Scholar
Thier, J. Alexander, , ‘Big Tent, Small Tent: The Making of a Constitution in Afghanistan,’ in Miller, Laurel E. (ed.), Framing the State in Times of Transition: Case Studies in Constitution-Making (US Institute of Peace Press, 2010) 535562, https://perma.cc/Z6JA-GDQ4.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×