Constitutional Limits of the People’s Right to Assemble: An Analytical Study of the Position of the Constitutional Court
Dr. Ghazi Obaid Alayash
Law Department – College of Business Studies The Public Authority for Applied Education and Training- Kuwait
Abstract:
There are many human rights and liberties in our modern time. One important right is the individual’s right to assemble. There is no doubt that the practice of such a right may conflict with other rights such as the individual’s right to security. Therefore, there is a legislative need to regulate these rights in order to achieve a balance between the conflicting constitutional interests. The legislature has to be prudent in regulating these rights in a constitutional manner that preserves and guarantees for everyone the practice of their rights and liberties.
The failure of the Kuwaiti Law No. 65/1979 regarding Public Meetings and Assembly to achieve this balance prompted the Constitutional Court, as the guardian of the Constitution, in 2005 to rule against the constitutionality of the First Chapter of the said law. However, in a recent judgment in 2015 the same court upheld the constitutionality of the Second Chapter of the Law regarding the regulation of the right to assemble. This study seeks to clarify the Constitutional Court’s role and directions concerning the interpretation and application of this law.