An Overview on Kuwait Constitution

Introduction:

Kuwait is in the Middle East. It is between Iraq and Saudi Arabia and is left to the
Persian Gulf. Kuwait is about the size of (6,880 sq.mi). The capital of Kuwait is
Kuwait City. The entire region is it ish and Kuwait Government began to exercise
legal jurisdiction under new laws mainly a flat desert plain.

By 1961 Kuwait

achieved its independence from the British and Kuwait Government began to exercise
legal jurisdiction under new laws drawn up by Egyptian jurist. After their
independence in 1961 Iraq claimed Kuwait. Kuwaits problem with Iraq collided
head on in 19991 when Iraq invaded Kuwait. This lasted several months then the UN
headed by the US, assaulted Kuwait to free them from Iraq. By 1994 Iraq formally
accepted the UN demarcated border with Kuwait. The Constitution of Kuwait was
created by the Constitutional Assembly in 1961-1962 and signed into law on 11
November 1962 by His Highness the Emir, the Commander of the Military of
Kuwait Sheikh Abdullah

III

Al-Salim

Al-Sabah.

The

constitution

establishes Kuwait as a hereditary constitutional monarchy and Islam as the state

religion. The Kuwait Legal System is based on Civil Law Jurisdiction. This is
because the Kuwaiti Laws are derived from the Egyptian Laws, which are in turn
derived from the French Law. The Court system in Kuwait is divided into six main
divisions, namely - Family, Criminal, Civil, Commercial, Leases and Administrative.
There are three levels of courts for the purpose of litigation; the Court of First
Instance, the Higher Court of Appeal and the Court of Cassation. A separate division
of the court system is the Constitutional Court to review and repeal any
unconstitutional laws.
The constitution was approved on November 11; 1962. According the
preamble of the constitution the Nation desires to use the democratic rule for
the country which is declared by Abdullah al-Salim al-Sabah, Amir of the
State of Kuwait.
Kuwait is an independent and full sovereign state that is part of the Arab
nation. Islam and Sharia Law is main the source of legislation but not the only
source.

Form of Government:
Kuwait does not have any formal political parties, but do have political blocs.
The Executive Branch: Head of State is a hereditary position (the Amir); Head
of Government is appointed by Amir who is the Prime Minister. The Council
of Ministers is appointed by the Prime Minister and is approved by the Amir
(the Cabinet). Amirs hereditary origin is from the Al Sabah family and this
has been this way since the 18th century

Article 4 of State of Constitution

(1) Kuwait is a hereditary Amirate, the succession to which shall be in the
descendants of the late Mubarak al- Sabah.
(2) The Heir Apparent shall be designated within one year, at the latest, from
the date of accession of the Amir. (3) His designation shall be effected by an
Amiri Order upon the nomination of the Amir and the approval of the National
Assembly which shall be signified by a majority vote of its members in a
special sitting.
(4) In case no designation is achieved in accordance with the foregoing
procedure, the Amir shall nominate at least three of the descendants of the late
Mubarak al-Sabah of whom the National Assembly shall pledge allegiance to
one as Heir Apparent.
(5) The Heir Apparent shall have attained his majority, be of sound mind, and
a legitimate son of Muslim parents.
(6) A special law promulgated within one year from the date of coming into
force of this Constitution shall lay down the other rules of succession in the
Amirate. The said law shall be of a constitutional nature and therefore shall be
capable of amendment only by the procedure prescribed for amendment of the
Constitution.

Article 6 of the State of Kuwait defines the form of government as such

The System of Government in Kuwait shall be democratic, under which
sovereignty resides in the people, the source of all powers. Sovereignty shall
be exercised in the manner specified in this Constitution.

The Amir is the head of state and ruler of Kuwait. He appoints a Prime
Minister, as head of government, who in turn appoints a cabinet. The Prime
Minister has always been a member of the Sabah family, and until 2003 the
Prime Minister also was Crown Prince/heir apparent. Some in the Sabah
family argue that the Prime Minister and Crown Prince positions be combined
again because the National Assembly is not able, constitutionally, to question
the Crown Prince. In typical Kuwaiti cabinets, three out of four deputy prime
ministers are members of the family, as is the Defense Minister, Foreign
Minister, and Interior Minister. Kuwaiti cabinets typically have at least a few
other family members heading other ministries as well. The Prime Minister is
Shaykh Jabir al-Mubarak Al Sabah, who took office in December 4, 2011, and
was reappointed following the July 2013 elections. The cabinet has 28
ministers, plus a Central Bank governor.

The Amir has additional broad powers. He serves as Commander-in-Chief of

the Armed Forces, and all judges. The Amir, as noted below, has the power to
suspend the National Assembly for limited periods of time, and to commute
prison sentences. Kuwaits Amirs can be as involved or disengaged from dayto-day governance as they choose; Amir Sabah tends to be more directly
involved in governance than was his predecessor.

Fundamental Right:
Constitution of the State of the Kuwait has guaranteed fundamental right towards its
Citizens
Article 29 [Equality, Human Dignity, Personal Liberty]
(1) All people are equal in human dignity and in public rights and duties before the law,
without distinction to race, origin, language, or religion. (2) Personal liberty is
guaranteed.

Article 31 [Arrest, Move, No Torture]

(1) No person shall be arrested, detained, searched, or compelled to reside in a
specified place, nor shall the residence of any person or his liberty to choose his place
of residence or his liberty of movement be restricted, except in accordance with the
provisions of the law.
(2) No person shall be subjected to torture or to degrading treatment.

Article 32 [NullaPoena Sine Lege, Personal Penalty]

(1) No crime and no penalty may be established except by virtue of law, and no
penalty may be imposed except for offences committed after the relevant law has
come into force.
(2) Penalty is personal.

Article 34 [Presumption of Innocence, Right to Trial]

(1) An accused person is presumed innocent until proved guilty in a legal trial at which the
necessary guarantees for the exercise of the right of defence are secured.
(2) The infliction of physical or moral injury on an accused person is prohibited.

Article 35 [Freedom of Religion and Belief]

Freedom of beliefis absolute. The State protects the freedom of practicing religion in
accordance with established customs, provided that it does not conflict with public policy or
morals.

Article 36 [Freedom of Opinion and Expression]

Freedom of opinion and of scientific research is guaranteed. Every person has the right to
express and propagate his opinion verbally, in writing, or otherwise, in accordance with the
conditions and procedures specified by law.

Article 37 [Freedom of the Press]

Freedom of the press, printing, and publishing is guaranteed in accordance with the
conditions and manner specified by law.

Article 38 [Home]
Places of residence shall be inviolable. They may not be entered without the permission of
their occupants except in the circumstances and manner specified by law.

Article 39 [Freedom and Secrecy of Communication]

Freedom of communication by post, telegraph, and telephone and the secrecy thereof is
guaranteed; accordingly, censorship of communications and disclosure of their contents are
not permitted except in the circumstances and manner specified by law.

Article 40 [Compulsory and Free Education]

(1) Education is a right for Kuwaitis, guaranteed by the State in accordance with law and
within the limits of public policy and morals. Education in its preliminary stages is
compulsory and free in accordance with the law.
(2) The law lays down the necessary plan to eliminate illiteracy.
(3) The State devotes particular care to the physical, moral, and mental development of the
youth.

Article 41 [Right and Duty to Work]

(1) Every Kuwaiti has the right to work and to choose the type of his work.
(2) Work is a duty of every citizen necessitated by personal dignity and public good. The
State shall endeavor to make it available to citizens and to make its terms equitable.

Article 42 [No Forced Labor]

There is no forced labor except in the cases specified by law for national emergency and
with just remuneration.

Article 43 [Association]
Freedom to form associations and unions on a national basis and by peaceful means is
guaranteed in accordance with the conditions and manner specified by law. No one may be
compelled to join any association or union.

Article 44 [Assembly]
(1) Individuals have the right of private assembly without permission or prior notification,
and the police may not attend such private meetings.
(2) Public meetings, demonstrations, and gatherings are permitted in accordance with the
conditions and manner specified by law, provided that their purpose and means are peaceful
and not contrary to morals.

Article 45 [Petition]
Every individual has the right to address the public authorities in writing over his signature.
Only duly constituted organizations and bodies corporate have the right to address the
authorities collectively.

Article 46 [Asylum]
Extradition of political refugees is prohibited.

Article 47 [National Defense, Military Service]

National defense is a sacred duty, and military service is an honor for citizens which shall
be regulated by law.

Article 48 [Taxation, Minimum Standard of Living]

Payment of taxes and public imposts is a duty in accordance with the law which
regulates exemption of small incomes from taxes in such a way as to maintain the
minimum standard of living.

Article 49 [Public Order, Public Morals]

Observance of public order and respect for public morals are a duty incumbent upon all
inhabitants of Kuwait.

On broader human rights issues, the latest State Department Country Report on Human
Rights Practices for 2012, released February 27, 2014, largely reiterated the criticisms of
previous reports. It identifies the key human rights problems as limitations on citizens
rights to change their government, restrictions on freedom of speech and assembly,
limitations on workers rights, and trafficking in persons within the foreign worker
population. Human Rights Watch said in early April 2014 that a Kuwaiti prosecutor failed
to investigate allegations of torture of two brothers. In May 2011, Kuwait took over Syrias
bid for a seat on the U.N. Human Rights Council.

Womens Rights

Women have made significant strides in achieving their rights in Kuwait over the past
several years, as exemplified by their running and winning election to the National
Assembly. However, the election of women has not translated into an expansion of women
in the cabinet. There have rarely been more than two women in the 28 person cabinet, and
only one in the cabinet named in January 2014. As discussed, two women were elected in

the July 2013 election. In September2012, the Higher Judicial Council appointed seven
women as public prosecutors, a decision that drew strong criticism from Kuwaiti Islamists.

More broadly, women in Kuwait can drive, unlike their counterparts in neighboring Saudi
Arabia. There are several nongovernmental organizations run by Kuwaiti women, such as the
Kuwait Womens Cultural and Social Society, that are dedicated to improving rights for
women and to agitating on several different issues unrelated to gender. Still, women are
subject to a broad array of discriminatory practices and abuses. The law does not specifically
prohibit domestic violence, although courts try such cases as assault. Successive State
Department and outside human rights reports have asserted that violence particularly against
expatriate women working in domestic service roles is frequent. Some expatriate women have
also been subjected to nonpayment of wages and with holding of passports. Kuwaiti women
who marry non-Kuwaiti men cannot give their spouses or children Kuwaiti citizenship.

Trafficking in Persons
Kuwait was, for the sixth year in a row, designated by the State Departments Trafficking
in Persons report for 2013 (issued June 19, 2013, cited earlier) in Tier Three (worst
level). The designation has been maintained because, according to the 2013 report, Kuwait
was not making sufficient efforts to comply with minimum standards for the elimination
of trafficking. The report notes that Kuwait adopted an anti-trafficking law in March 2013,
but did not demonstrate significant efforts to prosecute and convict trafficking offenders
and there is no lead national anti- trafficking coordinating body.

Status of Stateless Persons(Bidoons)

Non-Gulf Arabs and Asians, and about 100,000 140,000 stateless residents (known as
bidoons the Arabic word for without) continue to face discrimination. The
government asserts that the bidoons deliberately destroyed evidence of another nationality
in order to obtain generous social benefits in Kuwait. Despite that suspicion, in October
2010 the government promised to implement a plan to resolve the legal and economic
status of the bidoons. In March2011, the government set up a Central System for
Remedying the Status of Illegal Residents,with a mandate to resolve the status of the
bidoons within five years. A separate decree approved provision of some government
services and subsidies to bidoons. During 2011-2014, thegovernment has granted

citizenship to several hundred bidoons each year. In March 2013,security forces used
rubber bullets and tear gas to disperse a bidoon demonstration demanded greater rights.

Freedom of Expression and Media Freedoms

Official press censorship ended in 1992, assisting the growth of a vibrant press, but
successive State Department human rights reports have asserted that the government does
not always respect the constitutional provisions for freedom of speech and the press. The
government monitors Internet communications for defamation and security reasons. By
law, newspaper publishers must be licensed by the Ministry of Information.
Kuwaits penal code (Article 25) provides for up to five years in jail for objecting to the
rights and authorities of the Amir or faulting him, and the government has made
increasing use of this provision to quiet opponents. In 2013, according to Human Rights
Watch in February 2014, cases were brought against at least 29 Kuwaitis who allegedly
criticized the Amir or the government on social media platforms. Five persons charged
with faulting the Amir were acquitted in February2013, but in July 2013 an appeals court
overturned the conviction of three former Assembly deputies on that charge. The same
court upheld a 20 month sentence of Sarra al-Darees forTwitter messages tarnishing the
Amirs authority. In mid-April 2013, outspoken former parliamentarian Musallam alBarrak, mentioned earlier - a figure many consider de-facto opposition leader - sentenced
was to five years in prison for insulting the Amir; his sentence was6 Fahim, Kareem.
Away From Home, Fleeing Domestic Life. New York Times, August 2, 2010.

overturned on May 27, 2013. In November 2013, a Kuwaiti court sentenced a Kuwait man
to five years in prison for a Twitter comment about Sunni and Shiite theology. On
December 2013, the Constitutional Court rejected a challenged to Article 25 of the penal
code. The government also has sought to silence media that expose internal discussions
among the royal family. On April 20, 2014, a judge ordered two newspapers (Al Watan and
Alam al Yawm) closed for two weeks for disobeying a court-ordered news blackout on a
videotape purporting to show former senior officials plotting to try to remove the Amir
from office.

Labor Rights
The law protects the right of workers to form and join unions, conduct legal strikes, and
bargain collectively, but contains significant restrictions. The government allows one trade
union per occupation, but the only legal trade federation is the Kuwait Trade Union

Federation (KTUF). Foreign workers, with the exception of domestic workers, are allowed to
join unions, and the government has tended not to impede strikes. On October 10, 2011,
about 3,000 customs officers went on strike demanding higher wages and better working
conditions; the action caused a temporary halt to Kuwaiti oil exports. On October 26, 2011,
the government criticized the strikes as tantamount to attacks on the states status,
sovereignty, its interests, and its citizens, and cannot be tolerated. In early 2012, strikes
briefly grounded state-owned Kuwait Airways, and there have been occasional small strikes
since.

Religious Freedom

The State Department religious freedom report for 2012 (released May 20, 2013), cited
earlier, reported that the trend in the governments respect for religious freedom did not
change significantly during 2012. Shiite Muslims (about 30% of Kuwaits population)
continue to report official discrimination, including limited access to religious education and
the perceived government unwillingness to permit the building of new Shiite mosques. Unlike
in Bahrain, Shiites are well represented in the police force and the military/security apparatus,
although they generally are not offered leadership positions in those institutions. On the other
hand, in April2012, the Kuwaiti ministry that oversees houses of worship began monitoring
Shiite mourning houses known as Husseiniyas, but it also stated that it would begin providing
state funds to Shiite mosques, as it does for Sunni mosques. In June2012, the Amir refused to
sign (vetoed) a National Assembly bill stipulating the death penalty for those who curse the
major figures and symbols of Islam, including the Quran.

Kuwait has seven officially recognized Christian churches to serve the approximately 450,000
Christians (mostly foreignres idents) in Kuwait. However, Islamists in the National Assembly
have sometimes sought to prevent the building of new churches in Kuwait. Members of
religions not sanctioned in the Quran including about 400 Bahais, 100,000 Buddhists,
600,000 Hindus, and 10,000 Sikhs are mostly non-citizens working in Kuwait and have not
been allowed to operate official places of worship.They have been permitted to worship in
their homes.
Highest Court(S): Constitutional Court (Five Judges); Supreme Court or Court Of Cassation
(Organized Into Several Circuits, Each With Five Judges)
Judges election and term of office: All Kuwaiti judges appointed by the Amir upon
recommendation of the

Judicial System
Though in Kuwaits Constitution, Islam is one source of legislation, but not the main source.
Their legal system is based on Latin Civil Law, which is mainly derived from French Law. In
family law instances, the Islamic Sharia is used. In Kuwait they have a constitutional court
that acts as a judicial review and examines the constitutionality of their laws (High Court of
Appeals). This particular court is made up of five Consultants.

The Constitution of the State of the Kuwait narrate the provisions are as follows;
Article162 [Impartiality of Judges]
The honor of the Judiciary and the integrity and impartiality of judges are the bases of rule
and a guarantee of rights and liberties.

Article163 [Independence of Judiciary]

In administering justice, judges are not subject to any authority. No interference whatsoever
is allowed with the conduct of justice. Law guarantees the independence of the Judiciary and
statestheguaranteesand provisions relatingtojudgesandtheconditionsoftheirirrevocability.

Article164[CourtSystem,MilitaryCourts]
Law regulates the Courts of various kinds and degrees and specifies their functions and
jurisdiction. Except when Martial Law is in force, Military Courts have jurisdiction only over
military offences committed by members of the armed and security forces within the limits
specified by law.
Supreme Judicial Council, a consultative body comprised of Kuwaiti judges and Ministry of
Justice officials.
Subordinate courts: High Court of Appeal; Court of First Instance; Summary Court

Separation of Power
Article 50 [Separation and Constitutionality of Powers]
The system of Government is based on the principle of separation of powers functioning in cooperation with each other in accordance with the provisions of the Constitution. None of these
powers may relinquishallor par to fits competence specified in this Constitution.

Article 51 [Legislative Power]

The legislative power is vested in the Amir and the National Assembly in accordance with the
Constitution.

Article52 [Executive Power]

The executive power is vested in the Amir, the Cabinet, and the Ministers, in the manner
specified by the Constitution.

Article53 [Judicial Power]

ThejudicialpowerisvestedintheCourts,whichexerciseitinthenameoftheAmirwithinthelimitsofth
e Constitution.

TheNationalAssembly

The Legislative Branch: Is a unicameral National Assembly of 50 elected officials who

serve 4 year terms including all ministers who serve as ex officio members. No law can be
publicized without being passed by the National Assembly and it also has to be sanctioned
by the Amir. Requirements for holding office: The Amir is a descendant from the late
Mubarak al-Sabah family and he exercises his power through his Prime Ministers. The
Amir appoints the Prime Ministers which are selected from the National Assembly. The
rule with Ministers is that they shall not exceed one-third of the number of members of the
National Assembly. The requirements to be a part of the National Assembly are; be a
Kuwaiti by origin in accordance with the law, be qualified as an elector with the electoral
law, be at least thirty years old at the time of elections, and be able to read and write Arabic.
The constitutional provisions are as follows

Article79 [Exclusive Legislation]

No law may be promulgated unless it has been passed by the National Assembly and
sanctioned by the Amir.

Article8 [Election, Ministerial Members]

(1)The National Assembly is composed of fifty members elected directly by universal
suffrage and secret ballot in accordance with the provisions prescribed by the electoral law.

(2)Ministers who are not elected members of the National Assembly are considered exofficio members thereof.

Article81 [Constituencies]
Electoral constituencies are determined by law.

Article82 [Qualifications]
A member of the National Assembly shall:
(a) be a Kuwaiti by origin in accordance with law;
(b) be qualified as an elector in acoordance with the electoral law;
(c) Be not less than thirty calendar years of age on the day of election;
(d) be able to read and write Arabic well.

Article83[Term,Re-election]
(1) The term of the National Assembly is four calendar years commencing with the day of its
first sitting. Elections for the new Assembly take place within the sixty days preceding the
expiry of the said term, due regardbeinggiventotheprovisionsofArticle107.
(2) Members whose term of office expires may be re-elected.
(3) The term of the Assembly may not be extended except for necessity in time of war and by
a law.

Article107[Dissolution]
(1) The Amir may dissolve the National Assembly by a decree in which there a sons for
dissolution is indicated. However, dissolution of the Assembly may not be repeated for the
same reasons.
(2) In the event of dissolution, elections for the new Assembly are held with in a period not
exceeding two months from the date of dissolution.
(3)If the elections are not held within the said period, the dissolved Assembly is restored to its
full constitutional authority and meets immediately as if the dissolution had not taken place. The
Assembly then continues to function until the new Assembly is elected.
(4)A

memberoftheAssemblyrepresentsthewholenation.Hesafeguardsthepublicinterestandisnot

subjecttoanyauthorityinthedischargeofhisdutiesintheAssemblyorinitscommittees.

Article123[CouncilofMinisters]
TheCouncilofMinisterhascontroloverthedepartmentsoftheState.Itformulatesthegeneralpolicyofthe
Government,pursuesitsexecution,andsupervisestheconductofworkinGovernmentdepartments.

Review system

The judicial model that Kuwait follows for judicial review is the French Continental Model,
which is based on French Constitutional Council. Anything pertaining to the constitution is
reviewed by special bodies of constitutional review or by special chambers of ordinary
Supreme Courts
Article:173 [Constitutional Review]
(1)The law specifies the judicial body competent to deciding disputes relating to the
constitutionality of laws and regulations and determines its jurisdiction and procedure.
(2)The law ensures the right of both the Government and the interested parties to challenge
the constitutionality of laws and regulations before the said body.
(3)If the said body decides that a law or a regulation is unconstitutional, it is considered null
and void.

Article:174 [Amendments of the Constitution]

(1)The Amir or one-third of the members of the National Assembly have the right to propose
are vision of the Constitution by amending or deleting one or more of its provisions or by
adding new provisions.

(2) If the Amir and the majority of the members constituting the National Assembly approve the
principle of revision and its subject matter, the Assembly debates the bill article by article.
Approval by a two-thirds majority vote of the members constituting the Assembly is required
for the bill to be passed. The revision comes into force only after being sanctioned and
promulgated by the Amir regardless of the provisions of Articles 65 and 66.

(3) If the principle of revision or its subject matter is rejected, it may not be presented again
before the lapse of one year from the rejection.
(4)No amendment to this Constitution may be proposed before the lapse of five years from its
coming into force.

Article 175 [Limits to Constitutional Amendments]

The provisions relating to the Amiri System in Kuwait and the principles of liberty and equality,
provided for in this Constitution, may not be proposed for revision exception relation to that it
le of the Amir at e or to increase the guarantees of liberty and equality.

Article176 [Powers of the Amir]

The powers of the Amir, specified in this Constitution, may not be proposed for revision when
a Deputy Amir is acting for him.
Article181 [No Suspension of Constitution]
No provision of this Constitution may be suspended except when Martial Law is in force and
within the limits specified by the law. Under no circumstances may the meetings of the National
Assembly be suspended, nor shall the immunities of its members be interfered with during such
period.
Finally as per above discussion we find some basic feature of the Constitution of the state of
Kuwait.
The Constitution of Kuwait is based on the democratic principles and combines the positive
aspects of both presidential and parliamentary systems prevalent in advanced democratic
countries. The pillars of the Constitution are the sovereignty of the State, public freedom and
equality before the law.
The Constitution of the State of Kuwait is composed of 183 articles divided into five chapters.

The State and the System of Government

Fundamental Constituents of Kuwaiti Society

Public Rights and Duties

Powers

General and Transitional Provisions

The head of the state is His Highness the Emir, the Commander of the Military of Kuwait,
who has extensive competencies, who along with his cabinet constitutes the executive
branch. The Emir is also part of the legislative branch along with the National Assembly of
Kuwait. The National Assembly has 50 seats, elected equally from 5 districts. The parliament
can be dismissed by the Constitutional Court and His Highness the Emir, which is usually
followed by elections within 2 months. However, this is not always the case: the parliament
has been suspended a number of times; two of those times were for extended periods and also
involved the suspension of the constitution.

Source: web

By
Porag Mahfuz