A CRITICAL ANALYSIS OF GOVERNANCE UNDER THE 2004 CONSTITUTION OF AFGHANISTAN

Abstract

The first republic in Afghanistan was established by Sardar mohammad Daood Khan in 1973 and the second was established after 2001 under the Bonn Agreement. According to the Agreement the first will establish an interim government and after it a transitional government. Transitional administration had the task of drafting a constitution and to Facilitate presidential elections.The republic until 2021, ruled by two presidents, Hamid Karzai and Mohammad Ashraf Ghani, and collapsed with the re-establishment of the Islamic Emirate. This study discusses the nature of the form of government in accordance with the constitution and what problems it had.The significance of this study lies in the fact that the government in light of the "Constitution" in Afghanistan has identified shortcomings that have made governance controversial. Identifying these shortcomings can help create a system in the future that is capable of doing good governance.

The methodology is qualitative in nature and secondary sources have been used and examined. The secondary source includes Books, Laws, Magazines, Journals and Newspapers etc.

Finally achieved that the government in Afghanistan through 2004 constitution was centralized in which local government had the role of Implementer of plans which would be created by the central administrations.  The separation of powers and balance was overshadowed by a powerful executive branch.Relatively weak parliament and increased control of the executive branch on judiciary were some of the issues that plagued governance and caused constant controversy between the government and parliament.