Government Institutions, Constitution, and Rule of Law
What to know
The 2004 Constitution created a centralized presidential system with a bicameral National Assembly (Wolesi Jirga elected, Meshrano Jirga partly appointed), an independent judiciary, and a strong presidency balanced by a cabinet requiring parliamentary confidence. It declared Islam the sacred religion while guaranteeing rights under a religious caveat. Subnational administration ran through provinces, districts, and municipalities with appointed governors. The 2021 Taliban takeover suspended the 2004 order; a 2022 decree and subsequent ordinances established an emirate structure centered on the Amir al-Mu'minin, a council of ministers, and Sharia-based courts, with the 2004 constitution not formally repealed but effectively inoperative.
Concepts to master
Separation of powers and its Afghan distortions; the confidence-vote mechanism; the constitutional amendment procedure (Loya Jirga); the difference between de jure and de facto authority; judicial independence and the role of Hanafi jurisprudence.
Traps
Examiners test whether you know the Wolesi Jirga was directly elected while the Meshrano Jirga was mixed, and that the president was elected by plurality with a runoff. A common error is assuming the 2004 constitution was formally repealed in 2021-it was displaced in practice. Another trap: confusing the Loya Jirga's constituent role with ordinary legislation.
Rule of thumb
When asked about current institutions, separate formal legal status from operative practice, and state both.