The right to Vote and to Candidate between Constitution and the law in Kuwait
Dr. Hesham AlSaleh
Assistant Professor – Public Law – KILAW
Abstract:
Interestingly enough, constitutions and international human rights charters provides that election and nomination right is a constitutional right.
Nevertheless, we have faced a problem of detail, therefore, we go into detail through law enacted by legislative body, which details the vague constitutional rules.
The issue arises by not invoking to the constitution or not understanding it well. The constitution is not a blockade text expired by being enacted. The constitution is a live work subject to continuous conclusion in relation to the human rights especially the political as it is a milestone in the actual practical for all freedoms and rights. Accordingly, the political rights attached to the constitution, which aims to limits legislative assemblies of disregarding such rights.
Actually, the parliament elections in Kuwait became a part of the political and constitutional life in Kuwait as a democracy and constitutional rights, agreed by the Kuwaitis’ who applies constitutional rules at choosing their monitors’ bodies. With every election, constitutionality of some conditions to be raised especially it might be a screen for removing others of the political life in spite of a constitution secures election and domination right. Constitution states that law prescribes the conditions shall be meeting to practice election and domination right.
This study aims to address the international and constitutional basis of election and domination right, exploring its concept, borders, all conditions sought by law to meet in the voter and candidate, and its compliance with the constitution.
In general, we listed some legal loophole in the laws regulating these rights. Practical field shows the real loophole of the legislation passed by Kuwaiti National Assembly (KNA) , and applying the executive power thereof, because studying the constitution texts theoretically does not give realistic picture of how far individuals enjoy such rights and freedoms.
For KNA we listed the Kuwaiti legislator has a lack of interference legislation concept of organizing the political rights related to election and domination right. Such interference is incompatible with the constitution.
Finally, the study recalls the Kuwaiti legislator to adopt some suggestions whether amending the constitution or laws by adding or repealing.