Observation of the Law from the Perspective of the Constitution of Afghanistan

One of the requirements of the political system based on the principle of separation of powers is observation of the implementation of the constitution and the law in the legislative process. This necessity has also been considered by the former constitution of Afghanistan. Focusing the attention on this issue in Article III, the constitution approved in 1382 stipulates that in Afghanistan, no law can be enacted unless it corresponds to the beliefs and provisions of the sacred religion of Islam. Stipulating the need to observe the law in this article is one of the important measures taken by the constituent assembly in the constitutional law in Afghanistan.The study shows that, despite the emphasis of the constitution on the necessity and standards of observation, it suffers from lack of a competent authority for observation. The prerogative of the Supreme Court and the Independent Commission to observe the implementation of the constitution is not enough. To this end, the constitution needs to have an independent political organization with a structure, duties and qualifications which accord with the Islamic Republic of Afghanistan. Of course, the accomplishment of this important task demands amending its constitution.