Taliban law
Theory and practice
Bibliographic Data
| ID | 22225465 |
|---|---|
| Authors | Matthew Nelson (0009-0003-2750-9990, corresponding author) |
| Year | 2021 |
| Volume | 8 |
| Publication date | 2021-11-16 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Melbourne Asia Review (JOURNAL) |
| Journal identifiers | ISSN: 2652-550X • E-ISSN: 2652-550X |
| Publisher | Asia Institute, University of Melbourne (PUBLISHER) |
| DOI | 10.37839/mar2652-550x8.20 |
| OpenAlex | W3213805612 |
| Language | EN |
| Citations received | 2 |
After more than 40 years of war, Taliban law-both in theory and in practice-must be under-stood on at least two levels: a formal constitutional level and a domestic political level, with the latter also acknowledging potential gaps between national and local politics.Whilst international actors seek to promote basic constitutional rights, encourage political inclusion, and support the well-being of marginalised groups (including ethnic and religious minorities as well as women), early indications suggest that, flush with a sense of outright military victory, the Taliban may be drawn towards more exclusionary forms of constitutional and legal practice.Will the Taliban succeed in reducing international influence while, at the same time, attracting international aid and investment?Efforts to understand and engage Taliban constitutionalism and routine legal practice will require informed analysis and policy-making on several different levels at once. Taliban constitutionalismThe Afghan Taliban are famously coy about their constitutional vision.But, already, several hints have emerged.Like constitutional drafters everywhere, the Taliban are likely to borrow from two key sources-the past and other states-although, in doing so, they will adopt a pick-and-mix approach that creates something entirely new.In short, the Taliban will borrow from others, but they will not be constrained by what they borrow.Returning to a pattern first articulated in 1996, the Taliban have already declared their intention to draw from, while, at the same time, 'Islamising' the Afghan
Afghan · Constitutional law · Constitutional theory · Constitutionalism · Democracy · International law · Law and economics · Political economy · Political science · Politics · Sociology · Victory · Islamic Studies and History · Law · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Terrorism, Counterterrorism, and Political Violence
| Unique citing works | 2 |
|---|---|
| Citations per year | 1 |
| Citation span | 2024 - 2025 (2) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 2 |