Judicial Review in Afghanistan: A Flawed Practice

Judicial review is the power of a court, or a similar institution, to review and decide on the constitutionality of laws and public acts. Though Marbury v. Madison marks the beginning of this practice in the US, the scope of judicial review expanded in Europe in the aftermath of the Second World War and since then the practice has grown rapidly in all parts of the world. Today, almost all constitutions recognise judicial review as a key element of constitutionalism and rule of law, therefore judicial review has become an inevitable component of modern constitutions.