Wednesday, January 10, 2018
Kabul (BNA) The following elements are essential for every country,: people certain geography, history, national unity, government, legislature, law, judiciary, peace, security, stability, people believe and relations with government, protection of national values, people rights and respect to it, media, press, social justice, people expectation from rulers, politicians and security forces.
From the research point of view, constitutions are separated in two parts:
A: mixed and united laws
B: strengthened and soft laws
The soft laws could be changed and amended quickly and without problem like laws in UK and Israel while the strengthened laws could not be changed and amended easily but it takes place by a council like in the US, France, Swiss and in Afghanistan by Loya Jirga. Chronology of constitutions in Afghanistan:
Constitution is the mother of other laws and during the reign of late progressive king Amanullah Ghazi (Basic Regulation) or constitution was prepared using other laws, opinions of Ulema, lecturers, laws of Turkey etc.
The draft of the constitution was in Pashto which was approved in 1301 winter in Jalalabad Loya Jirga with the participation of 872 representatives. Its Pashto version was published on 19 Hamal 1302 and its Dari version was released on Hamal 20.1302 in 10 chapters, 73 articles.
Its first 6 articles were regarding to national identity and 18 subsequent articles were on basic rights of people.
In 1303 H.S another Loya Jirga was held in Paghman with the participation of 1000 representatives in which Regulation was amended. In 1307 Loya Jirga in Paghman it was amended again.
In 1309 Loya Jirga during the rule of Mohammad Nader Shah the basic regulations of Afghanistan government was approved in 115 articles and its 18 articles were on people basic rights.
In 1343 H.S during the reign of late Mohammad Zaher Shah, a new constitution was approved in a Loya Jirga in Kabul in 128 articles.
In 1355 H.S The Republic Constitution was approved by Loya Jirga in 136 articles during the rule of late Sardar Mohammad Daud in which 21 articles were on people basic rights. In 1359 H.S a provisional basic principles were approved. “The Basic Lines” was a collection of laws which was practicing as a constitution within the reign of Khalqies in 1357 and three first quarters of 1358 H.S. In 1366 H.S during the rule of late Dr. Najeebullah a new constitution was approved in 149 articles in a Loya Jirga in Kabul city under the title of “Fundamental Principles” in which other political parties were allowed to appear. In 1382 H.S during the rule of ex-president Hamid Karzai a new constitution was approved by a Loya Jirga in Kabul in 12 chapters and 162 articles.
Abdul Hadi Qoraishi
