Columbia International Affairs Online: Policy Briefs

CIAO DATE: 04/2009

Resolving the Crisis over Constitutional Interpretation in Afghanistan

J Alexander Thier, John Dempsey

March 2009

United States Institute of Peace

Abstract

The debate over where to locate the power to issue constitutional interpretations that would bind the branches of the government began during the constitutional drafting process in 2003. Initially, the draft constitution submitted to President Karzai by the Constitutional Drafting Commission contained provisions for a Constitutional Court, distinct from the Supreme Court.