Ahmad Salem Abdullah
Volume 2 Issue 1 | Dec 2020
DOI: 10.31841/KJL.2021.12
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Abstract
The hierarchy of legal rules is one of the fundamental components of any legal system. In fact, on this basis, the status and credibility of each rule is defined and determined and the possibility of monitoring and evaluating the regular and coordinated regularly function of the legal system, especially through the judicial force. In the Afghan legal system, the basic issue of international treaties in the hierarchy of legal rules can be contemplated, because according to Article 95 of the constitution of the international treaties after approval in the National Council and during its legal procedures, according to the law of treaties and the covenants, it is also known as the rule of law in the ruling of the law in order of the law in the rules of Afghanistan. Although in the event of a contradiction between treaties and ordinary law, Article 14 of the laws of the treaties and covenants of Afghanistan can be implemented. According to Article 7 of the Constitution, which requires compliance with international treaties in Afghanistan and the Government of Afghanistan is required to comply with them, and compliance with Article 31 of the Civil Code in the hierarchy of legal rules, International treaties are recognized as inferior to the Constitution and above ordinary law.