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Judicial Review in Afghanistan: A Flawed Practice

Afghanistan’s Constitution of 2004 embodies more mechanisms of checks and balances compared to its predecessors. Among others, it embraces judicial review, a key element of constitutionalism and rule of law, and an entrenched component of modern constitutions. Under the Constitution, Read More

Evolution of the Executive Branch in Afghanistan: A Look Back and Recommendations on the Way Forward

After the fall of the Taliban in 2001, Afghan leaders gathered to build the framework for a new democratic government for Afghanistan. At the Bonn Conference, a plan was put in place to draft and adopt a new Constitution in Read More

Judicial Review in Afghanistan: A Flawed Practice

Judicial review is the power of a court, or a similar institution, to review and decide on the constitutionality of laws and public acts. Though Marbury v. Madison marks the beginning of this practice in the US, the scope of Read More

Evolution of the Executive Branch in Afghanistan: A Look Back and Recommendations on the Way Forward

The findings of this paper show that legitimate change in the political system of Afghanistan will require an amended Constitution. The authority to amend the Constitution of Afghanistan has been given to the Loya Jirga in Article 111 of the Read More

Separation of Powers under the Afghan Constitution: A Case Study

The separation of power under the Afghan Constitution suffers from flaws, both on paper and in practice. Power is firmly tilted in favor of the executive, at the expense of the judiciary and the legislature. The no-confidence vote against the Read More

Separation of Powers in Afghanistan: Theory and Practice

or both historical and practical reasons the drafters of the 2004 constitution provided for a strong Executive Branch. Not only was power centralised at the centre but the executive was also granted extensive powers to keep the whole of government Read More

Evolution of Fundamental Rights in Afghanistan: 1924-2004

Among Afghanistan’s six constitutions, the 1931, 1964 and 2004 constitutions are important landmarks for the evolution of fundamental rights in the country. The discourse surrounding the drafting processes of the 1931 and 1964 constitutions did not reflect an awareness of Read More

Ten Years of the Constitution

AREU recently completed the “Afghan Constitutional Analysis and Dialogues” Project, the first major study reflecting on a decade of the 2004 Constitution. The project examined the status and evolution of constitutional and legal debates ten years after the adoption of Read More

Afghanistan’s Constitution Ten Years On: What Are the Issues?

January 2014 marks the tenth anniversary of the current constitution of Afghanistan. Issues have arisen since then over textual ambiguities in the constitution as well as the locus of authority that can address and clarify them. Ambiguities are not unexpected Read More

Adjudication Election Complaints: Afghanistan and the perils of Unconstitutionalism

The Constitution of Afghanistan guarantees the rights of its citizens to elect and be elected, and provides for the establishment of an Independent Election Commission (IEC) to administer and supervise elections in the country. However, the Constitution does not stipulate Read More