How do Constitutions Succeed? An Afghan Case Study

This paper attempts to assess the value of new constitutions, and uses the case study of Afghanistan to do so. It first looks at how the most recent Constitution of Afghanistan was drafted. Next, it explains that no constitution can be measured without considering the external economic and geo-political context within which it operates. The paper then sets out four goals that the authors suggest can be used to measure the success of a constitution, regardless of external context. In discussing the goals, the authors offer insight into where the 2004 Constitution of Afghanistan fares. The goals consist of the extent to which the constitution: (1) facilitates the production of public goods; (2) generates legitimacy for the state; (3) channels political conflict into formal institutions; and (4) limits the agency costs of government.