The Powers of the President against the Legislative Branch; According to the Constitution of Afghanistan

Abdul Mateen  Jalili; Sawab Gul  Faizy; Zahidullah  Shenwari

doi:10.55544/ijrah.2.5.21

Authors

Abdul Mateen Jalili Assistant Professor, Department of Administration and Diplomacy Law and Political Science Faculty, Paktia University, AFGHANISTAN
Sawab Gul Faizy Assistant Professor, Department of Administration and Diplomacy Law and Political Science Faculty, Paktia University, AFGHANISTAN
Zahidullah Shenwari Assistant Professor, Department of Judgment and Prosecution, Law and Political Science Faculty, Paktia University, AFGHANISTAN

DOI:

https://doi.org/10.55544/ijrah.2.5.21

Keywords:

president, legislative, constitution, Afghanistan

Abstract

According to the Afghan Constitution, the President is the head of state and three branches, and also the head of the executive branch. The Constitution of Afghanistan in generally defines the powers of the President, one of which is the powers of the President against the legislative branch. Since these powers are not clearly defined in the constitution. Therefore, the constitution of Afghanistan needs a clear and light interpretation, which is a major problem in the Afghan constitution. The constitution also gives the president more powers than responsibilities, the main reason is that when the constitution was drafted; in addition to external interference, at the time the President of Afghanistan, Hamid Karzai, placed more powers in the constitution for his own benefit. So, it can be said the president had not exercised his powers against the legislative branch in accordance with the constitution.

Downloads

Download data is not yet available.

Metrics

Metrics Loading ...

References

Dictionary of Moeen (فرهنګ معین).

Talebi, F.A. (2006). Administrative affairs ((جامع امور اداری. Publisher: Sabz Saei Technical Institute.

Jahir, A.W. (1397 AH). A Brief Description of the Basic Law of Afghanistan (شرح مختصر برقانون اساسي افغانستان (. Hamed Resalat Publications, Kabul, Afghanistan, Printed Press.

Karim, M. Ghorbani.S. (2008). Familiarity with administrative and office affairs. (آشنايي با امور اداری ود فتری (. Supervised by Razhanhan, F. Edited by Panahi, Z. Karimi, F. Published by Ataryas.

Ottomani. M. T.M. (2013). Islam and political theories (اسلام او سیاسی اندونه), first edition, publication by Afghan foundation, Afghanistan, Kabul.

Qasemzadeh. (1925). Fundamental Rights ((حقوق اساسی. Ibn Sina Library of Iran. Eighteenth edition.

Quiz, A. (2004). Fundamental Rights and Political Institutions Tehran (حقوق اساسی ونهاد های سیاسی (. Mizan Publishing, 11th edition.

Sail, O. And Masoud, A. Article of Islamic Republic of Afghanistan Legal System and Research, Published November/December 2018.

Shenwari, B. (2016) Basic Law and Public Principles ((د اساسی حقوقو عمومی اصول. Print, Muslim Khoprandaviyeh, Walaneh Jalalabad, Afghanistan, Dream Print.

Baker, S. (1996). Introduction to the Encyclopedia of Social Sciences (درآمدي بردایرة المعارف علوم اجتماعي). Kayhan Publications, Volume 2.

The constitution of Afghanistan, (دافغانستان اساسي قانون) (2004). The Ministry of Justice, official gazette.