Judicial Review in Afghanistan: A Flawed Practice

Judicial Review in Afghanistan: A Flawed Practice



Authors Ghizaal Haress
Type Policy note
Theme Legal Studies and Constitutional Review
Language English
Date of Publication August 22, 2017
Total Pages 4
Available In English | پشتو | دری
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, Article 121 of the Constitution, for the first time in the constitutional history of Afghanistan, authorises the Supreme Court to examine the constitutionality of laws, uphold the supremacy of the Constitution, and exercise judicial check over the Executive and Legislative branches of the State. Furthermore, article 157 of the Constitution creates the Independent Commission for Overseeing the Implementation of the Constitution (ICOIC) to ensure orderly implementation and step-by-step supervision of implementation of the Constitution.