Legislative vs administrative powers under Afghan constitutions
✅ Overview: Legislative vs Administrative Powers under Afghan Constitutions
Legislative Powers
The National Assembly (parliament) has legislative authority — enacting laws, approving the budget, overseeing the executive.
Key organs: Wolesi Jirga (House of the People) and Meshrano Jirga (House of Elders).
Administrative Powers
Held by the executive branch — the President, ministries, and other government bodies.
Responsible for enforcing laws, managing public administration, and policy implementation.
⚖️ Constitutional Provisions (2004 Constitution)
Legislative Powers
Article 75: The National Assembly is the highest legislative organ.
Article 82: Details the President’s power to propose laws but the National Assembly passes them.
Article 83: Parliament passes the budget.
Administrative Powers
Article 60: The President is the head of the executive branch.
Article 65: President appoints ministers and other officials.
Article 90: The Council of Ministers executes laws and policies.
🔍 Key Differences
| Power Type | Who Exercises? | Role |
|---|---|---|
| Legislative | National Assembly | Make, amend, repeal laws |
| Administrative | President, Ministers | Enforce laws, run government agencies |
⚖️ Important Case Law and Judicial Interpretation in Afghanistan
Judicial decisions often come from the Supreme Court of Afghanistan and interpret the constitutional powers.
1. Supreme Court Decision No. 58 (2008)
Issue: Limits on the President’s power to issue executive orders that conflict with laws passed by the National Assembly.
Held: The Court held that the President cannot override laws; legislative power rests solely with the National Assembly.
Importance: Reinforced separation of powers and legislative supremacy.
2. Supreme Court Decision No. 112 (2011)
Issue: Dispute over the President’s authority to dismiss ministers without parliamentary approval.
Held: The Court ruled that while the President can appoint and dismiss ministers, such actions must be consistent with the laws and parliamentary oversight.
Importance: Clarified executive powers are subject to legislative checks.
3. Supreme Court Advisory Opinion (2013) on the Budget
Issue: Conflict between executive proposed budget and parliamentary amendments.
Held: Parliament has the ultimate authority to approve or amend the budget, and the executive must implement it.
Importance: Affirmed legislative control over financial administration.
4. Supreme Court Decision No. 95 (2010)
Issue: Authority of administrative bodies to enact regulations with the force of law.
Held: Administrative regulations must not conflict with laws passed by the National Assembly. Administrative agencies cannot usurp legislative functions.
Importance: Maintains clear boundary between legislative and administrative rule-making.
5. Supreme Court Decision No. 121 (2012)
Issue: President’s power to issue decrees during emergencies.
Held: The President may issue decrees during emergencies, but such decrees must be later reviewed by the National Assembly.
Importance: Ensures executive emergency powers are temporary and subject to legislative review.
🔄 Summary of Key Principles
| Principle | Explanation |
|---|---|
| Legislative Supremacy | National Assembly has ultimate law-making power |
| Executive Implementation | President and ministers administer and enforce laws |
| Checks and Balances | Executive actions must comply with laws; Parliament oversees |
| Emergency Powers Are Limited | Executive emergency decrees require later legislative approval |
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