2004 Constitution of Afghanistan
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The 2004 Constitution of Afghanistan was the
The constitution was approved by the
Eligibility of President
Article 62 of the Constitution of Afghanistan of 2004 stated that a candidate for the office of President must:[9]
- be a Muslim citizen of Afghanistan, born of Afghan parents;
- not be a citizen of another country;
- be at least forty years old;
- not have been convicted of crimes against humanity, a criminal act or deprived of civil rights by court;
- not have previously served more than two terms as president.
Legislative branch
The
The Wolesi Jirga, the more powerful house, consisted of a maximum of 250 delegates directly elected through a system of single non transferable vote (SNTV). Members were elected on a provincial basis and served for five years. At least 64 delegates were to be women; and ten
The Meshrano Jirga consisted of an unspecified number of local dignitaries and experts appointed by provincial councils, district councils, and the president. The president also appointed two representatives of the physically disabled. The lower house passed laws, approved budgets and ratified treaties – all of which required subsequent approval by the Meshrano Jirga.
Judicial branch and court system
The nation's top court was the
Courts were allowed to use
Cabinet
The current
Provinces and Districts
The constitution divides Afghanistan into 34 provinces. Each province is governed by a provincial council with members elected for four-year terms.
Religion
The Constitution describes Islam as its sacred law and the most commonly practiced faith throughout Afghanistan.
Followers of other religions are "free to exercise their faith and perform their religious rites" within the limits of the law. There is no mention of
Civil and human rights
Citizens were guaranteed the right to life and liberty, to privacy, of peaceful assembly, from torture and of expression and speech. If accused of a crime, citizens held the right to be informed of the charges, to representation by an advocate, and to presumption of innocence. Article 34 states, "Freedom of expression shall be inviolable. Every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution. Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law."
Provisions are made to ensure free education and healthcare for all citizens.
Language
Article 16 of the constitution states that "from amongst
Article 20 states that the
The constitution aims "to foster and develop all languages of Afghanistan." (Article 16)
Land ownership
Foreigners are not allowed to own land in Afghanistan. Foreign individuals shall not have the right to own immovable property in Afghanistan.[10][11][12]
References
- ^ a b "The Constitution of Afghanistan" (PDF). Kabul, Afghanistan: Supreme Court Afghanistan. January 3, 2004. Archived from the original (PDF) on May 31, 2011. Retrieved 2010-12-08.
- ^ a b "Constitution of Afghanistan (2004)". Kabul, Afghanistan: President of Afghanistan. 2004. Archived from the original on 2010-11-27. Retrieved 2010-12-08.
- ^ a b "Constitution". Washington, DC: The Embassy of Afghanistan. 2006. Archived from the original on 2012-02-12. Retrieved 2010-12-08.
- ^ "Afghan Kings Since 1747". Tokyo, Japan: The Embassy of Afghanistan. Retrieved 2010-12-08.
- ^ "Constitutional History of Afghanistan". Encyclopædia Iranica. Retrieved 2010-12-08.
- ^ "Constitution of Afghanistan (1923)". Afghanistan Online. Archived from the original on 2015-02-26. Retrieved 2010-12-08.
- ^ "Profile: Ex-king Zahir Shah". BBC News. October 1, 2001.
- ^ Abdul Ghafoor Saboori (4 August 2022). "Parwan Governor, Citing Supreme Leader, Says Previous Constitution Invalid". TOLOnews. Retrieved 29 January 2023.
- ^ "The Constitution of the Islamic Republic of Afghanistan". Government of Afghanistan. Archived from the original on 5 March 2009. Retrieved 5 February 2013.
- ^ "An Introduction to the Property Law of Afghanistan" (PDF) (first ed.). Afghanistan Legal Education Project. 2015.
- ^ Zeb, Amir. "Extraction of Parcel Boundaries from Ortho-rectified Aerial Photos: A cost effective technique" (PDF). International Society for Photogrammetry and Remote Sensing.
- ^ "Afghanistan's Constitution of 2004" (PDF). constituteproject.org.