Judicial Independence in Afghanistan : A Study of the Legal System in Light of International Standards, Islamic Principles and the Afghan Legal Tradition

In a globalised world of states'executive dominance, where different conflicting legal regimes constitute the backbone of a legal system, legal mechanisms of separation of power and judicial independence are insufficient for upholding the rule of law and protecting the fundamental rights of citizens, necessitating holistic measures for the proper application of such legal guarantees.°°Abdul Salim Amin examines the extent of independence acquired by the courts and judges in Afghanistan in light of international standards, Islamic principles and Afghan legal tradition. In a global context, this allows for the consistent practical application of a general framework on a national level, reconciling Islamic with International law.°°The author concludes that in Afghanistan judicial independence is often impaired not only by both the general lack and unclarity of legal mechanisms but also by the missing implementation of existing mechanisms. As a result, constitutional rules are undermined, and international standards and obligations of judicial independence are violated. In a globalised world of states’ executive dominance, where different conflicting legal regimes constitute the backbone of a legal system, legal mechanisms of separation of power and judicial independence are insufficient for upholding the rule of law and protecting the fundamental rights of citizens, necessitating holistic measures for the proper application of such legal guarantees. Abdul Salim Amin examines the extent of independence acquired by the courts and judges in Afghanistan in light of international standards, Islamic principles and Afghan legal tradition. In a global context, this allows for the consistent practical application of a general framework on a national level, reconciling Islamic with International law. The author concludes that in Afghanistan judicial independence is often impaired not only by both the general lack and unclarity of legal mechanisms but also by the missing implementation of existing mechanisms. As a result, constitutional rules are undermined, and international standards and obligations of judicial independence are violated Table of Contents 6 Preface 10 Acknowledgements 12 Acronyms 7 Glossary 15 Introduction 18 1. Judicial Independence under International Standards, Islamic Principles and the Afghan Legal Tradition 34 2. Institutional Independence 92 3. Individual Independence 126 Concluding Remarks 168 Bibliography 172 Index 196