CRITICAL ANALYSIS OF GOVERNANCE UNDER THE 2004 CONSTITUTION OF AFGHANISTAN

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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.
对2004年阿富汗宪法治理的批判性分析
阿富汗的第一个共和国是由萨达尔·穆罕默德·达乌德·汗于1973年建立的,第二个共和国是2001年后根据《波恩协定》建立的。根据《协定》,第一个政府将建立一个临时政府,之后将建立一个过渡政府。过渡行政当局的任务是起草宪法和促进总统选举。直到2021年,由哈米德·卡尔扎伊和穆罕默德·阿什拉夫·加尼两位总统统治的共和国,随着伊斯兰酋长国的重建而崩溃。本文探讨了宪法政府形式的本质及其存在的问题。本研究的意义在于,阿富汗政府根据“宪法”确定了使治理有争议的缺点。识别这些缺点可以帮助在未来创建一个能够进行良好治理的系统。该方法本质上是定性的,并使用和检查了二手资料。二手资料包括书籍、法律、杂志、期刊和报纸等。最终通过2004年的宪法实现了阿富汗政府的中央集权,地方政府在中央政府制定的计划中扮演执行者的角色。权力分立和平衡被一个强大的行政部门所掩盖。相对软弱的议会和行政部门对司法的控制增加是困扰治理的一些问题,并引起政府和议会之间不断的争议。
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