Judicial Rulings during the Exceptional Covid-19 Pandemic in Kuwait between Legality and Invalidity
Counselor Dr. Adel Bouresli
Abstract:
The exceptional holiday of Covid-19 pandemic in the State of Kuwait started from March 12, 2020 till June 30, 2020 with partial business returns of 30% of the staff in ministries and government departments. Like most public facilities, work in courts has been affected. In light of the current circumstances, this study revolves around tracking the perfection or invalidity of judicial rulings that were issued during this period considering the fact that what is ratified by these provisions generally applies to the actions and procedures that follow.
The adaptation and clarification of the legal nature of this holiday is the gateway to try to resolve the juristic controversy raised about the legality and invalidity of rulings during this period, through a reasoned survey reinforced by constitutional evidence, legal foundations and logical mental arguments based on the principle of separation of powers and the requirements of the independence of the judiciary, all the way to clarify the seriousness of accepting the idea of ​​preventing the issuance of judgments arguing that it is invalid, targeting a future basis which ensures that provisions flow with confidence and consistency in holidays and similar circumstances.
Failure to find previous literature and references on this issue created a challenge in which we concluded with results that accept error and right, while handing the torch to interested scholars.
Keywords: epidemic, litigation, separation, civil, penal.