Conditions under which it was adopted: Adopted under King Amanullah Khan in the wake of the Anglo-Afghan Treaty of 1919, which ended the Third Anglo-Afghan War and granted Afghanistan self-determination in foreign affairs after nearly 80 years of British imperial influence.

Key features:

1. Introduced constitutional rights under a centralized monarchical political system.
2. Approved by a loya jirga (a traditional Afghan grand assembly of elders called upon to make decisions of national importance).
3. Loya jirga not included or regulated as a state institution or organ.
4. Established a State Council with the authority to review bills, budgets and treaties and propose amendments to the Cabinet, which was authorized to ratify law.
5. State Council authorized to interpret laws with endorsement of a Cabinet headed by the King.
6. Islam considered the religion of Afghanistan and Hanafi jurisprudence the official school of Islamic law.
7. Sharia law ruled supreme and the King committed to rule in accordance with Sharia and the constitution.
8. Judiciary operated under the Ministry of Justice (MOJ) with independent decision-making powers.
9. No system in place for constitutional review.

Conditions under which it was adopted: Adopted by King Mohammad Nadir Shah who came to power shortly after the year-long civil war in the country.

Key features:

1. More emphasis placed on Sharia and Hanafi school of Islamic law.
2. The King required to be a follower of the Hanafi school of Islamic Law.
3. Established a National Assembly with two houses that operated as a legislative branch ratifying laws, budgets, treaties, etc.
4. National Assembly was authorized to review and investigate activities of the executive branch, although without an effective mechanism such as a no-confidence vote.
5. Ministers introduced by the Prime Minister and appointed by the King.
6. No system in place for constitutional review or interpretation of laws.

Conditions under which it was adopted: Adopted during the reign of King Mohammad Zahir Shah, the constitution ushered in a period known in Afghanistan as the “Decade of Democracy”.

Key features:

1. For the first time, explicitly stated establishing a [“political, social and economic"] democracy as an objective of the state.
2. Loya jirga regulated as the highest institution of the state, with membership including elected parliament members and heads of provincial councils.
3. The word “Islamic” removed from the name of the state.
4. Sharia law no longer on the top of the legal hierarchy. Hanafi jurisprudence considered as de facto law in the absence of laws or in the event Parliament failed to pass laws.
5. The state prohibited from limiting fundamental rights arbitrarily. Freedom of religion for all non-Muslims recognized, whereas in the two earlier constitutions they were entitled to more limited protections.
6. Introduced freedoms of religion, movement, expression, press, assembly, association, and establishment of political parties.
7. Introduced legal principals of presumption of innocence and individual criminal responsibility.
8. Recognized the state’s civil responsibility for the first time and allowed citizens to file tort claims against the state.
9. An Attorney General’s Office (AGO) established under the MOJ as a body responsible for prosecuting crimes.
10. The judiciary separated from the MOJ and recognized as a separate independent branch of the state.
11. No system in place for constitutional review or interpretation of laws.

Conditions under which it was adopted: Enacted during the presidency of Mohammad Daud Khan, who in 1973 led a coup that overthrew King Mohammad Zahir Shah, his cousin. As a result, the Kingdom of Afghanistan was abolished and replaced with a one-party presidential republic.

Key features:

1. Established a republican regime in the country.
2. As with the1964 constitution, the word “Islamic” not included in the name of the government.
3. Islam listed as state religion but government not obligated to perform religious ceremonies in accordance with Hanafi school of Islam.
4. President no longer required to be a follower of the Hanafi school.
5. Adopted a new definition of a law that removed the application of Hanafi jurisprudence where no laws exist.
6. Majority of rights of 1964 constitution preserved such as freedoms of religion, movement, expression, press, assembly, and association. However, freedom to establish political parties limited to those established by the President.
7. Established a one-house Parliament.
8. Referendum was mentioned for the first time as a mechanism for the President to directly seek the opinion of people.
9. Supreme Courts authorized to interpret laws and the constitution.

Conditions under which it was adopted: Enacted by the Marxist-Leninist People's Democratic Party immediately following the Soviet invasion. The constitution was adopted during a period of civil unrest and armed resistance by the Mujahideen against the Soviet puppet government.

Key features:

1. Prioritized socialism, state control of the economy, and rights for workers.
2. Islam not included as the state religion.
3. Fundamental rights of citizens limited and with no supporting text guaranteeing rights.
4. The AGO separated from the MOJ and became an independent body of the executive branch.
5. A Revolutionary Council of the communist party replaced the Parliament, with extreme powers, including to amend the constitution, ratify laws, assign judges, etc.
6. Loya jirga mentioned as the highest organ of state power; however, it was never implemented as the Revolutionary Council retained extreme powers, citing absence of “conditions for free and secure elections of [loya jirga] delegates”.

Conditions under which it was adopted: Adopted under the Soviet-backed President Najibullah Ahmadzai as the Soviet Union announced plans to withdraw from the country. It reflected an attempt by the central government at achieving national reconciliation with the opposing Mujahideen forces.

Key features:

1. Islam reinstated as the state religion with all laws required compliance with Islam.
2. Fundamental rights of citizens improved compared to the 1980 constitution as new rights introduced such as the right to establish political parties and social organizations, and rights previously listed were supported with written guarantees.
3. Representative bodies such as the loya jirga and Parliament with two houses reinstated.
4. Constitutional review system established with a Constitutional Council created for this purpose.

Conditions under which it was adopted: Ratified under President Najibullah following the withdrawal of the Soviet Union from the country in 1988 and during a time of continued conflict between the Mujahideen and the central government.

Key features:

1. Three articles (6, 12, 26) abolished and amendments made to the introduction and to 35 articles of the previous constitution.
2. Changes reflected a shift from socialism towards liberalism, pluralism, and Islam.
3. Imposed limitations on state interference in the work of social organizations, associations and political parties.
4. Removed the monopolizing power of the state over the economy by allowing private investment in banks, insurance, education, transportation, communications, mines, and other sectors.
5. Provided conditions for democratic elections.

Conditions under which it was adopted: Enacted during the presidency of Hamid Karzai during the Western-backed effort to build a modern constitutional democracy in Afghanistan.

Key features:

1. The word “Islamic” added to the state name (“Islamic Republic of Afghanistan”) and Sharia law given leading position in the legal hierarchy.
2. Loya jirga again included as the highest state institution with powers to decide on issues to national importance; amend the constitution; and to impeach the president. Membership expanded to include heads of district councils (in addition to the members of parliament and heads of provincial councils as in previous constitutions).
3. President elected based on universal suffrage and for a five-year term.
4. Introduced checks and balances between the executive and legislative branches. For example, Parliament approval required for appointing Attorney General, Chief Justice and Supreme Court members who previously were selected by the President.
5. Created the legal basis for elected Human Rights Commission, indicated a commitment to liberal democracy bases on universal human rights.
6. Removed the Constitutional Council and Supreme Court made responsible for reviewing the constitutionality of legislation.
7. Adopted principles of a free market economy.