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).

“This is a first-rate application of political science and institutional theory to a very important—but curiously under-studied—case, which helps to clarify much about why Afghanistan’s democratic experiment ended as it did.”Benjamin Reilly, East-West Center“Bashir Mobasher provides a definitive account of how the design of the constitution in Afghanistan not only failed to build a durable state, but also failed the people of the country. Despite so much international attention on the drafting process, this book tackles how experts got so much wrong. This book provides important lessons and is a must-read for scholars and practitioners alike who are engaged in institutional design and constitution building around the world. Mobasher demonstrates the many ways in which context matters for crafting successful and legitimate institutions.”Jennifer Brick Murtazashvili, University of Pittsburgh“In his fresh and astute study, Bashir Mobasher combines a deep understanding of his homeland and political institutions to explain why democracy didn’t blossom in Afghanistan. His analysis uncovers how poor institutional design set up Afghanistan for failure despite its people’s longing for stability and cross-ethnic politics. Vital reading for those who want to get beyond hoary cliches about Afghanistan to unpack what happened along with what to avoid in future efforts to reconstruct fractured polities.”David Lublin, American University“This book offers an unbiased and honest detailing of Afghan governance. If you want to think through what the future of government in Afghanistan might look like, start here.”Jason Criss Howk, Director of Global Friends of Afghanistan

• 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