Overseeing Mechanisms of the Implementation of Constitution: A Comparative Study

Vol-6 | Issue-05 | May-2021 | Published Online: 15 May 2021    PDF ( 294 KB )
DOI: https://doi.org/10.31305/rrijm.2021.v06.i05.012
Author(s)
Mubariz Abdul Saboor 1; Popalzai Mohammad Zahoor 2; Momand Nasrullah 3

1Assistant Professor, Afghanistan Science Academy, Kabul, Afghanistan

2Head of the Legal Consultations, IARCSC, Kabul, Afghanistan.

3Ph.D Scholar, Peshawar University, Pakistan

Abstract

Overseeing the implementation of constitution is a vital and fundamental issue in constitutional laws of the states. The authorized body for overseeing the implementation of constitution must be independent and must have the ability to implement its decisions. Overseeing the implementation of Constitution focuses on interpretation, compatibility and application of general provisions of other laws in accordance with Constitution. There are two types of mechanisms for overseeing the implementation of constitution in the world, Political based overseeing and Judicial based overseeing. Judicial based overseeing has two models; American model of Judicial Overseeing, and European model judicial overseeing. According to the Afghan legal System, there are three bodies that oversee the implementation of constitution; The President, the Supreme Court, and the Independent Commission for Overseeing the Implementation of the Constitution. It is worth noting that Afghanistan has not adopted any of the accepted mechanisms in the world, and it has emerged a new and combined mechanism.

Keywords
Overseeing, Mechanism, Implementation, Constitution, Model
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