Constitutional Law and the Politics of Ethnic Accommodation

Dr. Bashir Mobasher is a postdoctoral fellow at the American University’s Department of Sociology and a lecturer of political science at the American University of Afghanistan (AUAF).

Introduction: Ethnicity, Constitution, and Accommodation in Afghanistan

Identifying the Problem

The Search for an Explanation

A Way to Explore

Establishing the Parameters: Ethnic Accommodation

Organization of This Book

1 A Failed Nation or a Failed Constitution?: An Insight from the Inside of Afghanistan

Introduction

I. What Afghanistanologists Had to Say About Afghanistan

II. Were Afghans Anti- Democratic?

III. How Divided was Afghanistan as a Country and a Nation?

What did the Elites Say?

IV. A Socially Divorced Constitution

Conclusion

2 The Politics of Ethnic Accommodation under the Runoff System: A System of Coalition Making and Breaking

Introduction

I. Feature One: The 50 Percent Threshold

II. Feature Two: The Disastrous Second Rounds

III. Nonconcurrent Electoral Cycles

Conclusion

3 A Dysfunctional Parliament under the Yoke of the SNTV System: A System of Unrepresentative Representatives

Introduction

I. The Nuts and Bolts of the SNTV System

A. Feature One: Proportional Representation

B. Feature Two: Encouraging Personalistic Politics

C. Feature Three: Threshold- Free Elections

D. Feature Four: Encouraging the Fragmentation of Parties and Coalition

Conclusion

4 Constitutional Unchecks and Imbalances: Examining Ethnic Accommodation under a Strong Presidential System

Introduction

I. A Look at the Balance of Powers from Above

II. Legislative Powers of the President

1. Legislative Initiations

2. Veto Authority of the President

3. Soliciting Constitutional Review

4. Decree Authority of the President

5. Budget Planning

III. Executive Powers of the President vis-a-vis the House

1. Cabinet Formation

2. Endurance of Cabinet Members in Afghanistan

3. Changes in Administrative Units

IV. Senate: The Backyard of the President

Conclusion

5 A System of Dual Vice- Presidency: The Problematique of Unauthorized and Unaccountable Vice-Presidents

Introduction

I. Dual Vice-Presidency and its Representational Attributes

II. Policy- Free Presidential Teams

III. The Irrelevant Vice- Presidents

Conclusion

6 A Centralized State in a Decentralized Society: Identity Politics in a Strongly Centralized System

Introduction

I. The Problem of Outsider Governors

II. Local Councils (Provincial, District, and Village)

Conclusion

7 A Failed Project of Party Nationalization: The Problem with the Party Laws of Afghanistan

Introduction

I. Lack of Interest in Party Development

II. Command and Control Rules

III. Laws of Not the Emerging Coalitions

Conclusion

Conclusion

Appendix