By Khaled M. Abou El Fadl, Said Arjomand, Nathan Brown, Jerrold Green, Donald Horowitz, Michael Rich, B
Studies on a convention held to spot ways that the recent structure of Afghanistan may possibly support placed the rustic at the route to a powerful, good democracy characterised through reliable governance and rule of legislations. The contributors pointed out functional rules for these eager about drafting the structure, relatively concerning the therapy of Islam.
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Extra info for Democracy and Islam in the New Constitution of Afghanistan
ARTICLE 99 THE JUDGES ARE APPOINTED BY THE KING ON THE RECOMMENDATION OF THE CHIEF JUSTICE. WHENEVER A JUDGE COMMITS AN OFFENSE, THE SUPREME COURT CONSIDERS THE CASE OF THE JUDGE, AND AFTER HEARING THE DEFENSE OF THE JUDGE CAN RECOMMEND HIS DISMISSAL TO THE KING. IN CASE THE RECOMMENDATION IS APPROVED BY THE KING, THE JUDGE IS DISMISSED FROM OFFICE. TRANSFERS, PROMOTIONS, CALLING TO ACCOUNT, AND RECOMMENDATIONS FOR RETIREMENT OF THE JUDGES ARE WITHIN THE COMPETENCE OF THE SUPREME COURT, IN ACCORDANCE WITH THE PROVISION OF THE LAW.
SUBJECT TO THE APPROVAL OF THE GOVERNMENT, IMMOVABLE PROPERTY MAY BE SOLD TO THE DIPLOMATIC MISSIONS OF FOREIGN STATES ON A RECIPROCAL BASIS AND ALSO TO THOSE INTERNATIONAL ORGANIZATIONS TO WHICH THE STATE OF AFGHANISTAN IS A MEMBER. 27 ARTICLE 30 THE FREEDOM AND SECRECY OF PEOPLE'S COMMUNICATIONS, WHETHER BY WRITING, TELEPHONE, TELEGRAPH OR OTHER MEDIUM, ARE INVIOLABLE. THE STATE HAS NO RIGHT TO SEARCH PERSONAL COMMUNICATIONS EXCEPT BY THE ORDER OF A COMPETENT COURT AND IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
IN THE AREA WHERE NO SUCH LAW EXISTS, THE PROVISIONS OF THE HANAFI JURISPRUDENCE OF THE SHARIAAT OF ISLAM SHALL BE CONSIDERED AS LAW. 38 ARTICLE 70 A LEGISLATIVE BILL MAY BE INTRODUCED TO THE SHURA (PARLIAMENT) BY THE GOVERNMENT OR THE MEMBERS OF THE SHURA (PARLIAMENT). BILLS RELATING TO JUDICIAL ADMINISTRATION MAY ALSO BE INTRODUCED BY THE SUPREME COURT. BILLS RELATING TO BUDGETARY AND FINANCIAL LEGISLATION MAY ONLY ORIGINATE FROM THE GOVERNMENT. ARTICLE 71 A LEGISLATIVE BILL MAY TO INTRODUCED TO EITHER OF THE TWO HOUSES BY THE GOVERNMENT OR THE SUPREME COURT.
Democracy and Islam in the New Constitution of Afghanistan by Khaled M. Abou El Fadl, Said Arjomand, Nathan Brown, Jerrold Green, Donald Horowitz, Michael Rich, B