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, 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.