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.
