Dr. Khaled F. Al Huwailah
Assistant Professor of Public Law,
Department of Law, College of Business Studies,
PAAET, State of Kuwait

Abstract:

This research paper studies and analyzes the right to object to laws in both the states of Kuwait and Qatar, according to a descriptive, analytical, and comparative approach. This paper gains its importance from the fact that it discusses a constitutional right that is considered one of the most important tools possessed by the executive authority in order to create a kind of balance between it and the legislative authority in the field of legislation. According to this right, the head of state has the right to object to the law passed by Parliament. Which entails reviewing the law again by Parliament; The latter has the right to approve the law again despite the objection of the head of state, according to constitutional conditions and restrictions.
The Kuwaiti constitutional legislator has adopted the right of objection with respect to laws approved by the National Assembly in the State of Kuwait, in Articles (65) and (66) of the Constitution. Likewise, the Shura Council in the State of Qatar, in Articles (67) and (106) of the Constitution. But they differed in some of their rulings.
This research addresses the problem of the effects posed by the right of suspensive objection in some cases, through two sections: the first presents the nature and origin of the right of suspensive objection. The second shows the position of the constitutional legislator in the states of Kuwait and Qatar towards this right.
The paper concluded with several results, the most important of which is that the legislator in both countries adopted the right of suspended objection without the right of ratification. The Kuwaiti constitutional legislator allowed the objection to be overridden by a special strict majority (two-thirds) in the same session, or by a majority of the members who make up the National Assembly in the next session. While the Qatari constitutional legislator limited this to a special strict majority (two-thirds) in the same session, it also allowed the President of the State to suspend the implementation of the objectionable law for a period that he determined.
The paper recommended that the Kuwaiti legislator amend the bylaws of the National Assembly to oblige the Speaker of the National Assembly to refer laws to His Highness the Emir after voting on them is completed. The Qatari constitutional legislator also recommended introducing a constitutional amendment that stipulates a specific period for ratifying, issuing, rejecting, and objecting to laws. He also recommended that this amendment should include the need for the Shura Council to ratify the decision of the Head of the State to suspend the implementation of any law whenever necessary.

Keywords: issuing laws, absolute right to veto, draft law, head of state, the National Assembly, and the Shura Council.

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