Afghanistan · Constitution
No constitution in force; 2004 Constitution suspended in practice
The 2004 Constitution established an Islamic republic with a strong presidency, a bicameral National Assembly and a bill of rights including equal rights for women, and provided that no law could contravene the tenets of Islam. It ceased to operate in practice in August 2021. The Taliban administration has not promulgated a replacement text and has indicated that governance rests on Sharia as interpreted by the Hanafi school, with a leadership structure centred on the Amir. Whether and in what form the 2004 text or any part of it survives is disputed.
The constitutional text
The 2004 Constitution established an Islamic republic with a strong presidency, a bicameral National Assembly and a bill of rights including equal rights for women, and provided that no law could contravene the tenets of Islam. It ceased to operate in practice in August 2021. The Taliban administration has not promulgated a replacement text and has indicated that governance rests on Sharia as interpreted by the Hanafi school, with a leadership structure centred on the Amir. Whether and in what form the 2004 text or any part of it survives is disputed.
Separation of powers
Centralised. 34 provinces are administered by appointed governors reporting to the central administration, with authority concentrated in the Amir and the leadership based in Kandahar. Elected provincial and district councils established under the 2004 Constitution no longer function.
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