The Rule of Law Crisis in Afghanistan

Abstract

The most indispensable requirement of the rule of law is the enforcement of legal constraints on government power. To that end, Afghanistan’s 2004 constitution, while beset by serious flaws, established a rudimentary system of checks and balances among the executive, legislative, and judicial branches of the state. After almost sixteen years of democratic experiment, the constitution’s nebulous system of separation of powers is in disarray — a predicament engendered, in key part, by the government’s increasingly authoritarian tilt. Relentless executive encroachment on legislative prerogatives and judicial independence has dealt debilitating blows to the rule of law in the fledgling democracy. Constitutional amendments and other bold measures are needed to avert a free fall into Afghanistan’s dark, despotic past.

Keywords: Afghanistan, Rule of Law, Afghan Law, Constitutional Law, Separation of Powers, Legislative Oversight, Judicial Independence, Executive Overreach, Comparative Law, Transnational Law, International Law, Legal Reform, Law and Development