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 functioning. The executive has significant powers to legislate and make appointments to all levels of the judiciary. This has significantly undermined both the separation and balance of powers among the three branches of government. As a result, executive overreach has been one of the biggest challenges to constitutionalism in Afghanistan over the last decade. There have been a number of troubling instances; for example, the use of legislative decrees under Article 79 as well as the failure to follow constitutionally mandated procedures when making appointments to senior levels of the judiciary.