On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in the long term.
Judicial Reform in Afghanistan: A Case Study in the New Criminal Procedure Code,
29 Hastings Int'l & Comp. L. Rev. 93
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol29/iss1/5