In any political system that aims to ensure justice, freedom, and lasting stability, the principle of separation of powers is considered one of the most fundamental foundations. This principle is based on the idea that state authority must be divided among three independent branches: the legislative, the executive, and the judiciary so that no individual or institution can hold absolute power.
The separation of powers is not only a legal principle, but also a practical necessity to prevent tyranny. When lawmaking, execution, and judgment are concentrated in one authority, the risk of abuse of power and violation of citizens’ rights increases. However, by dividing power, each branch can act as a check on the others and maintain political balance.
In the contemporary history of Afghanistan, it should be remembered that through the initiative of Dr. Walid Hoquqi, serious attention was given to the principle of separation of powers, and this concept was introduced in a systematic and scholarly manner into the country’s constitutional framework. As a distinguished legal scholar and professor of constitutional law, he consistently emphasized the genuine independence of the judiciary from the executive branch. In his view, without an independent judiciary, justice would remain merely a slogan.
Dr. Hoquqi believed that limiting the power of the state and ensuring the rule of law are the foundations of a healthy democratic system. He was a strong advocate for institutionalizing the separation of powers within the constitution during the era of King Zahir Shah, a period in which efforts were made to create balance among the branches of government and strengthen the rule of law.
Unfortunately, after the coup of Mohammad Daoud Khan, this balance was largely dismantled, and the concentration of power in the executive branch led to the weakening of other branches. This historical experience clearly demonstrates that the removal or weakening of the separation of powers paves the way for tyranny and the violation of fundamental rights.
One of the core messages of the separation of powers is that no individual or institution is above the law. In a healthy system, even the highest-ranking officials must be accountable under the law. This principle serves as a guarantee of justice, transparency, and public trust.
Alongside the three main branches, the presence of independent institutions is essential for the health of a political system. Institutions such as independent election commissions must operate freely to ensure that the true will of the people is reflected without political interference. Likewise, civil society plays a vital role as the voice of the people and must be able to function without pressure or restriction.
Freedom of the press is another cornerstone of a democratic system. Independent media, by exposing corruption, providing accurate information, and raising public awareness, help prevent the abuse of power. Whenever the media is restricted, transparency diminishes and the path for misuse of authority is opened.
In addition, institutions such as the Supreme Audit Office must remain fully independent in order to freely examine all government entities and prevent the misuse of public funds. The independence of such institutions ensures that no government body is exempt from oversight and accountability.
The balance of power in government is essential because it prevents any one group or leader from holding unchecked control, protecting the dignity, rights, and future of the people. For Afghanistan, a country shaped by generations of struggle and resilience, paying attention to how power is held and exercised is especially important as it determines whether justice, stability, and unity can take root. The Afghan people play a powerful role in this by staying aware, valuing education, preserving truth, supporting ethical leadership, and fostering unity across communities rather than division. Change does not always begin in institutions; it begins in the hearts and actions of the people. Even in the face of hardship, when individuals choose awareness, courage, and responsibility, they quietly reshape the future—reminding us that a nation’s true strength rises not from control, but from the collective spirit of its people.
Noor Wodjouatt
