21 Feb JUDICIAL INDEPENDENCE IN AFGHANISTAN: LEGAL FRAMEWORK AND PRACTICAL CHALLENGES
Posted at 23:47h in UncategorizedBack
|Theme||Legal Studies and Constitutional Review|
|Date of Publication||February 21, 2021|
The objective of this paper is to map out the existing legal framework that ensures the independence of the judicial branch in Afghanistan and the reasons why it has not been able to best use this feature and act as an essential pillar of power in Afghanistan. To achieve this goal, the paper relies on desk review of all relevant legal documents, including the Constitution, legislative documents, court decisions, academic writings and interviews with key informants including judges, defence attorneys, prosecutors, government officials, former members of the Independent Commission of Overseeing Implementation of the Constitution, members of civil society, parliament members and legal scholars.