This study is an attempt to take account of the Afghan Constitution process, evaluate the response of the Afghan nation during the different stages of the formulation process, and try to sense the likely course of post-constitutional Loya Jirga (The Great Council) events in the country. Afghanistan is emerging from over 25 years of war, civil strife, and political anarchy. The coming experiment with a constitutionally sanctioned government will face massive challenges, and as the author argues, is not ensured of immediate or future success. The paper traces the emergence of the Constitution Drafting Commission in 2002, and looks at the role of the external actors such as the United Nations Development Programme (UNDP) and the United Nations Assistance Mission for Afghanistan (UNAMA). The paper also highlights the importance and the criticisms of the public consultation process that was conducted during the drafting process of the Afghan Constitution. The author then identifies a number of criticisms levied upon the provision constitution by various sections of the Afghani population. In particular, the following objections to elements of the constitution are elaborated upon:
the amount of power concentrated in the hands of the president
the lack of specific protections for women
the lack of comprehensive recognition of Uzbek, Turkmen and Baluch minorities
the role of warlords and former Mujahideen leaders
the tension surrounding the non-inclusion of the specific term ""Sharia"" within the constitution
The paper concludes with a survey of the strength of the institutions and laws that have been agreed upon by the Loya Jigra. The author examines the state of security and law enforcing agencies, the political expression of regional and ethnic factions within the context of the new constitution, and the future actions of President Hamid Karzai.