AUTHORITIES AND RESPONSIBILITIES OF THE PRESIDENT AGAINST THE LEGISLATIVE AND JUDICIARY; IN LIGHT OF THE (2004) CONSTITUTION OF AFGHANISTAN

Abstract

The Constitution of Afghanistan has specified the powers and responsibilities of the President in each part, one of which is the powers and responsibilities of the President against the legislative and the judiciary branches. According to the Constitution, the President is the head of all three branches of state. As the leader he has the responsibility to lead the country, recognized as the highest position and authority of the state, the powers are more than responsibilities. The President is accountable to the legislative and the judiciary branches in one case, which is also a criminal liability, not a political one. Also, according to the Constitution, the three powers are independent in their affairs and no person including the President, has the right to interfere in their affairs. In a country, these two powers are more important than any other powers. Because one makes the law and the other oversees the implementation of the law, these branches are active and operate within the framework of the law. Justice will certainly be done and when justice is done, human rights will be protected and crimes will be prevented. So, if we look at and study the situation in Afghanistan, we will conclude that in most cases the Presidents did not act under the Constitution. So that's the Constitution is the most authoritative law and national document of the country, it is the first responsibility of the President and the relevant authorities to respect the Constitution. Unfortunately, in Afghanistan, the law is being violated in the first place by lawmakers and law enforcers.