Constitutional Framework of the Armed Forces of Afghanistan (Dari)

Abstract

Pursuant to the history, the Armed Forces in reality are value-protecting, authoritarian institutions of the ruling political system in a countries; however, in 21st century, especially during the Cold War, due to the proliferation of military coups and the ensuing democratic process, political pluralism and the experience of totalitarian regimes, has opened a broad debate on the constitutional basis of the armed forces and their powers in the fields of and political sciences. Postcrisis countries are looking for a definition of the constitutional legitimacy of the actions of the armed forces and their role in the field of national policies and try to define their scope in accordance with the principle of civilian (governmental) oversight. The South African Constitution is a good example of this effort. This article reflects on the views of several scholars, considers various aspects of these issues, including leadership of the armed forces, the principle of the constitution of monitoring and balancing the armed forces and their political engagement, the constitutional legitimacy of the armed forces, and the responsibility of the armed forces in international law. The author also pays attention to the issue of civilmilitary relations. With a view to some coup d’état countries, such as Turkey and Pakistan, he discusses the safeguard for the democratic order from military intervention.