A reading of the Constitutional Court ruling annulling the (2022) Council and reinstating the (2020) Council

A reading of the Constitutional Court ruling annulling the (2022) Council and reinstating the (2020) Council

The first point: an indication of the validity of the court’s judgment
1- The establishment of the court is incorrect because the basis and reason for dissolving the Council (2020) is to correct the entire political scene, and not because of the disagreement and lack of cooperation that arose between the government and the Council.
2- The decree dissolving the Council (2020) was based on Article (107) and not on Article (102), and there is a big difference between the two articles that is well known.
3- The court did not read the historical speech of His Highness the Amir, which was delivered by His Highness the Crown Prince on his behalf in June 2022, in order to know the real reasons for the solution. Non-cooperation was not the reason for the solution, and it is only a very simple point in the vicinity of wrong practices in the political scene.
4- The court circulated the violations of the electoral process in the second constituency and applied this generalization to all the results of the final elections for all constituencies.
5- The court’s establishment of annulment on the reason for the end and demise of the effect of the dispute at the time of the issuance of the dissolution decree is incorrect because the situation that existed before the issuance of the decree dissolving the Council (2020) is considered a wrong situation because it contains wrong practices from both the legislative and executive authorities, in addition to the anger and dissatisfaction of the street. Performing the work of both the legislative and executive authorities. Therefore, the solution was an Amiri response to a popular cry that had a great echo of acceptance and welcome.
6- The lack of jurisdiction of the court to address and consider the dissolution decrees issued by the Emir based on Article (107) because determining the reasons for dissolution is a right of the Emir that no one disputes with him as the father of the authorities, while subjecting this right to the constitutional controls represented in not repeating the same reason for dissolution again and that After the dissolution, elections will be called, and these elections will be held on the set dates, according to what was decided in Article (107) of the Constitution in this regard.
7- The Emir’s absolute power to dissolve, according to Article (107) of the Constitution, remains valid even if the non-cooperation of the government has not been lifted. This power is also available if a dispute arises between the members of the National Assembly that leads to the suspension of the work and sessions of the parliament, or for any other reasons approved by the Emir.
8- The court acknowledged its recognition of the absolute authority of the Emir to dissolve the council when it mentioned the text of it “unless matters arise during that period that necessitate the Emir’s actions and his prescribed powers in this regard.”
9- The court justified the authority of the Emir based on Article (107) that this authority is based on “exalting the provisions of the constitution, giving priority to its provisions, and preserving its existence and the integrity of the constitutional public order and its structure.”
10- It would have been better for the court, when procedural errors were found in the electoral process in the second constituency, for the court to correct these errors instead of invalidating the entire electoral process in all constituencies and blaming everyone for the mistakes of some.
11- The court had to rely in the annulment process on a reasonable reason for the dissolution that could be accepted, for example, based on the non-availability of the state of necessity in the election process on the basis of the civil card.
The second point: the effects of the court ruling:
1- The ruling created a dangerous precedent that was not stipulated in the constitution, which is the court’s restriction of the Emir’s authority in dissolution by stating that the reason for dissolution is based on non-cooperation only.
2- Some people question the rulings of the Constitutional Court and the extent of their credibility.
3- The court’s failure to take into account, in its ruling, political harmony, which is considered one of the important foundations on which the rulings of this court are based.
4- Entering the court as a party to the process and the political game with all its calculations and estimates.
5- Increasing the formation of personal conviction among some of the ineffectiveness of the Council and the lack of seriousness and usefulness of democratic practice.
6- The return of people to the parliament who did not gain the people’s confidence.
7- Returning to square one, which is represented by the tension and tension of the political scene and the non-acceptance of some to others.
8- Weak oversight and legal oversight of the Fatwa and Legislation Department and the absence of its role in defending all issued laws, decrees and fatwas.
9- The foreign advisor is still the main player in the legal scene in all aspects of the state, especially in decision-making centers.
10- The lack of homogeneity of the state advisory team in general with regard to agreeing on the legal opinion that achieves the public interest.
11- The absence of coordination channels of communication between the various state authorities and agencies with regard to unified decision-making that ensures that the interests of the state are not harmed.
12- Failure to extrapolate the authorities and state agencies from the provisions of the royal directives from the political leadership and not refer to them to find out what these directives include in terms of a road map that must be adopted.
13- Contradicting the ruling with the will of the nation in the process of correcting the course of the political scene.
14- Through this ruling, the court became an authority above all authorities, even over the owner of the protected self.
Before concluding, we call upon His Highness to act and implement what the court referred to in its ruling by saying, “Unless matters occur during that period that require the implementation of his powers established in this regard.
Based on all of the foregoing, we see that the current conditions after the issuance of the court ruling necessitate the intervention of His Highness, as the father of the authorities, to implement his powers assigned to him under the constitution, and based on what the Constitutional Court referred to in its ruling, so that he, through this authority, re-corrects these conditions that resulted after the issuance of the ruling The court, through what it sees of procedures and matters that achieve the public interest, enhance the role of the popular will in decision-making, and contribute to activating and upholding the constitution for more national gains.
In conclusion, we ask God Almighty to guide all our steps on the paths of goodness and success, to unite our hearts in obedience to Him, and in love for Kuwait and its people, and to accept our fasting, night prayers, and all deeds and actions.
“O you who have believed, fear God, and let a soul consider what it has offered for tomorrow, and fear God. Indeed, God is acquainted with what you do.”

Prepare d. Abd al-Wahhab Ali bin Saad al-Roumi


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