Constitutional Court directions in Kuwait and Egypt to monitor the constitutionality of laws and the decisions of the executive authority concerning the forming of the Parliament
Prof. Yousri Mohamed El-Assar
Professor of Public Law in Kuwait International Law School
This research involves the study of comparative analysis of the principles established by the Constitutional Court in both Kuwait and Egypt on the occasion of its control over the constitutionality of laws governing the right to vote and the right to stand for election and the executive authority decisions on the forming of the parliament.
The most important principles are as follows: The two concerning courts didn’t apply the theory of matters reserved for the legislator on the issue of organizing rights, including the right to vote and the right to stand for election, the approval of the Egyptian Constitutional Court to grant itself the power to Oversight the electoral constituencies, the unconstitutional ruling of the law governing the electoral constituencies and ruling if it include a large imbalance.
The direction of the Constitutional Court in both countries on the judgment of the invalidity of the formation of parliament if it was ruled based on the unconstitutional legal basis for its formation, such as the electoral law or decree inviting for election. The modern direction of the tow courts in restricting the scope of the theory of sovereignty in the field of law and the decisions of the executive authority concerning the forming of parliament.
The judgment of the Egyptian Constitutional Court of the unconstitutional deprivation of political rights if it has the retroactive effect and wasted presumption of innocence.
The approval of the Egyptian Constitutional Court that the previous monitor of the constitutionality of election laws do not prevent it from subsequent exercise to monitor over them.