Archive for June 2020

To Sue or Not to Sue: How Afghan Merchants Strategically Choose to Use or Avoid Courts

Dr. Haroun Rahimi This article explores how and why Afghan merchants choose to use courts or informal dispute resolution methods. It goes beyond the common corruption and inefficiency arguments, which maintain that Afghans do not use courts because they are corrupt and inefficient. It leverages rich, original data on variation of dispute resolution practices across…

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The Role of Shariah in the Judicial System of Afghanistan

Dr. Lutforahman Saeed has completed and published research on The Role of Shariah in the Judicial System of Afghanistan. This article is composed of three main sections. It begins with a shortdescription of the meaning of shariah and fiqh in the context of Afghanistan, and a review of the historical path of shariah since the…

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Electoral Choices, Ethnic Accommodations, and the Consolidation of Coalitions: Critiquing the Runoff Clause of the Afghan Constitution

Dr. Mohammad Bashir Mobasher has completed and published research on Critiquing the Runoff Clause of the Afghan Constitution. This article provides a systematic analysis of the runoff clause of Article 61 of the Afghan Constitution and its impact on the formation and consolidation of coalitions. Please Click here to read the full article. Compilation ©…

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Examining Ethnic Accommodation and Coalition-Building Under Alternative Forms of Government in Afghanistan

Dr. Mohammad Bashir Mobashir has completed and published research on Examining Ethnic Accommodation and Coalition-Building Under Alternative Forms of Government in Afghanistan. In post-conflict states like Afghanistan, facilitating ethnic accommodationthrough encouraging inclusive institutions and policies are among the first concerns of constitutional designers. While some constitutional choices successfully address these concerns, others wholly or partially…

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Party Laws and Party Nationalization: a Critique of Afghan Political Party Laws

Dr. Mohammad Bashir Mobashir has completed and published research on Party Laws and Party Nationalization: a Critique of Afghan Political Party Laws. Afghan political party laws have consistently discouraged ethnic parties and politics. Taking an implicit approach to party nationalization, the laws have set three qualification thresholds for parties: consisting of at least 10,000 members;…

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Constitutional Features of Presidential Elections and the Failure of Cross-ethnic Coalitions to Institutionalize

This article studies the constitutional features of Afghan presidential elections and their impact on coalition-building. Based on the constitution, Afghan presidential elections are candidate-centric, zero-sum games, prone to pre-electoral bargaining, majoritarianism, double ballots, are religiously exclusive, and constrained by electoral cycles, as well as presidential term limits. Examining the presidential electoral features, this article argues…

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Identity cards and identity conflicts: a cross national analysis of national ID cards and the lessons for Afghanistan

It has been more than a decade since the e-ID card project was initiatedin Afghanistan in 2009. A number of related bills have been drafted, debated, and even adopted and then amended. However, until very recently, the government was not able to issue the e-ID cards due to the riseof communal tensions over the inclusion…

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Understanding Ethnic-Electoral Dynamics: How Ethnic Politics Affect Electoral Laws and Election Outcomes in Afghanistan

Dr. Mohammad Bashir Mobasher has completed and published research on understanding ethnic-electoral dynamics in Afghanistan. After the fall of the Taliban in 2001, Afghanistan began transitioning towarddemocracy. This transition began with the Bonn Agreement, which provided that Afghanistan must establish a “broad based, gender sensitive, multi-ethnic and fully representative government.” Click here to view the…

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( رهنمود مأخذ نویسی) کتاب سبز – Green Book (A Guide to Legal Citation )

This Guide is authored by Dr. Mohammad Bashir Mobashir. .این رهنمود توسـط .داکتـر محمد بشـیر مبشـرـ، تدوین گردیـده است رهنمـود مأخـذ نویسـی کتـاب سـبز جهـت معیـاری سـاختن آثـار علمـی و تحقیقـی، بویـژه آثـار علمـی اسـتادان و دانشـجویان پوهنځی های حقـوق و شـرعیات کشـور، بـا همـکاری جمعی از اسـتادان مرکـز و والیاتتهیه شده اسـت. این رهنمود…

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