The Constitutional Court of Kuwait According to the Latest Legislative Amendments

Honorable Justice Dr. Adel Majed Jassem Bouresli

Abstract:

This analytical and applied research examines the latest developments in relation to the Constitutional Court following the passing of Law 109 of 2014. This study also assesses and evaluates this law in addition to the constitutional provisions that result from it.
This article consists of four parts. First, it begins by shedding light on the position of the Constitutional Court in relation to other authorities in Kuwait, and explicitly proves its independence in relation to all other entities in the country through an exceptional legal decision that was approved for the first time. The second part focuses on the legal values that arise from this new constitutional law. In addition, the researcher concludes the second part of the research by highlighting that the legal power within this law exceeds the power of the constitutional texts that were placed in order to create the Constitutional Court in the first place.
The third part of the research talks about the legal objectives and developments of Law 109 of 2014 and the Constitutional Court’s position in dealing with them. The fourth and final part of this study is dedicated to the appreciation of the aforementioned law and its fundamental points.
The article concludes with two main points, one of which is to praise the new law and to respond to its criticism, and the other is focused on the constitutional law itself by sending a message asking for the complete and correct application of the new law.

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