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The Afghan Parliament: Constitutional Mandate versus the Practice in the Post 2001 Context

Afghanistan’s experience with parliamentary democracy was short-lived because the country lacked favorable conditions for its growth.1 As such, the parliament was not effective and failed to build a bridge between the legislature and the executive. In less than ten years, Read More

The Afghan Parliament: Constitutional Mandate versus the Practice in the Post 2001 Context

Legislatures or parliaments, as the highest law-making bodies in a country, are seen to manifest the will of their people. They play an important role in the life of a nation by performing three fundamental functions: (1) making, changing and Read More

Study of Afghanistan’s Organization and Structure of Public Administration under the 2004 Constitution

In Afghanistan,since the inception of modern organizations of public administration,towards the end of nineteenth century,states have utilized different models of public administration ranging from centralization,to deconcentrated centralization,to decentralization.However,due to multiple and concomitant reasons,such as tribal and traditional structures,political instability,rapid regime change,constant Read More

A Study of Afghanistan’s Organization and Structure of Public Administration under the 2004 Constitution

System of public administration is one of the most important issues addressed under Afghanistan’s Constitution. Seven articles of Chapter Eight of 2004 Constitution lay down the basic structure and model of public administration in Afghanistan. However, study of organization of Read More

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