Special Supplement – Issue No 3 – Part 2

Special Supplement – Issue No 3 – Part 22019-10-20T04:59:36+00:00

Renewal And Development of Academic Legal Research

By: Prof. Badria A. Al-Awadi

The judiciary is a fair, independent and fundamental pillar of the legal system, guaranteeing rights and freedoms as well as social and economic life aspects. The activation of the judiciary’s positive role requires the judge’s strong conviction in the importance of their role, as well as initiatives and continuous efforts in order to create well-established and stable trends that are respected and applied by courts and other constitutional authorities, especially in legal and democratic States.
In this context, a recent ruling of the Constitutional Court of Kuwait issued on October 24, 2018 in case No. (1) of 2018 / constitutional, is a vivid example of the effective role of the judiciary in the protection and promotion of legal guarantees. The court ruled for the unconstitutionality of Article (42) of law no. 106 / 2013 concerning the anti-money laundering and the financing of terrorism, considering that: “The text alleged to be unconstitutional prevents the judge from using his discretionary power in refraining from pronouncing the sentence or suspending the execution of the penalty;           Read Full Text