ABSTRACT

This chapter explores the complexities in the Afghanistan context, and argues that it is important not to lose sight of the crucial significance of the rule of law as a constraint on the abuse of power. It looks briefly at concepts of law, and notes the presence in Afghanistan of a diverse range of norms, principles, and rules, grounded in a range of sources, that might qualify as 'law' in the eyes of some significant social group. The chapter also looks at some of the broad challenges that establishing the rule of law in Afghanistan might be expected to face. It focuses at how the development of Afghan political life since 2001 has compromised the quest to give effect to the rule of law, with blame resting not only with Afghan political actors but also with international actors that have proved fitful in their commitments and inconsistent in their signalling.