Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Decentralization should be done in the future system of Afghanistan with emphasis on democracy

Document Type : Research Article

Authors
Mohammad Asif Faghiri 1
D.r Mahdi Shabannia Mansour 2
1 Master of Public Law, Faculty of Law, Islamic Azad University, Afghanistan Branch.
2 Assistant professor and faculty member, Department of Public Law, Islamic Azad University, Central Tehran branch. (Corresponding Author)
Abstract
First of all, it has been tried not to consider decentralization only in the concept of federalism, and from the introduction of the theoretical foundations of the types of government, keeping in mind that the lack of human development is currently evident, and the presentation of the theory of federalism is a positivist approach, not a philosophical one, which Decentralized administrative system from a simple form of government or a single cloth should be reasonably deduced from the current existence of Afghanistan, because the emphasis on local democracy is a form of nation-building and the balancing of public opinions to achieve the republic, which originates from the heart of the society, in the provinces as well. In the context of globalization and the influence of neighboring cultures, regionalism has become a new identity in the country and the world, and the merits of the decentralized administrative system are more dominant than any other in order to be regionalist and have the upper hand of the provinces in administrative matters. And making the government more centralized in the acts of sovereignty and authority is part of the world, and the selection of local and government channels causes the strengthening of meritocracy, which is based on the negation of the division of power between ethnic groups. Of course, centralization and its negative consequences in the last two decades had made the amendment of the constitution a necessity of the current era, which has led to the presentation of different and unstable models of government. Of course, the presentation of the models is not too much from the research and academic path, but by the offending parties and groups in the country. This article has been researched with a descriptive analytical method and from the expert point of view of public law, it has deduced the ideal model of the administrative system for the future system of Afghanistan.
Keywords
Centralization of the Constitution of 2002
refusal or opportunity of federalism
decentralization and local democracies
new regionalism of international identity
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  • Receive Date 25 January 2022
  • Revise Date 30 January 2022
  • Accept Date 13 February 2022