Persian Gulf States - Kuwait Constitution

Constitution

In June 1961, following independence and under the shadow of an Iraqi threat, Amir Abd Allah as Salim announced that he would establish a constitution for Kuwait. In December, elections were held for a Constituent Assembly, which then drafted a constitution promulgated as Law Number 1 on November 11, 1962. Although articles of the constitution have since been suspended twice, the document nonetheless remains the basic statement of intent for the Kuwaiti political system.

The constitution opens with the declaration that Kuwait is "an independent sovereign Arab State," and its people are "a part of the Arab Nation." Islam is "the religion of the state," and the sharia (Islamic law) is "a main source of legislation." The latter phrase has been the source of much debate, with Islamist opposition members pressing to have Islam made "the" source of legislation.

The constitution defines Kuwait as "a hereditary Amirate, the succession to which shall be in the descendants of the late Mubarak Al Sabah." This clause codifies what has become practice: the semiformal alternation of power since 1915 between the lines of Mubarak's two ruling sons: Jabir and Salim.

Although granting the amir substantial power, the constitution also provides for political participation by the citizens. The system of government is defined in Article 6 as "democratic, under which sovereignty resides in the people, the source of all powers." Articles 79 to 122 establish the National Assembly and lay out the rules governing its formation, rights, and duties.

Individual rights protected by the constitution are extensive and include personal liberty and equality before the law, freedom to hold beliefs and express opinions, and freedom of the press. The residences of citizens are inviolable, the torture and the deportation of Kuwaiti citizens are prohibited, and the accused are assumed innocent until proven guilty. Also guaranteed is the freedom to form associations and trade unions. The constitution guarantees the independence of the judiciary and designates the Supreme Council of the Judiciary as its highest body and guarantor of judicial independence.

The constitution also grants citizens a number of social rights, which form the basis for Kuwait's extensive welfare system. The state is constitutionally obligated to care for the young and to aid the old, the ill, and the disabled. It is obliged to provide public education and to attend to public health. The constitution provides for state involvement in the national economy to the degree that these obligations necessitate. However, Articles 16 through 19 protect private property, stating that "private property is inviolable" and reminding citizens that "inheritance is a right governed by the Islamic Sharia." Article 20 stipulates that "the national economy shall be based on social justice. It is founded on fair cooperation between public and private activities. Its aim shall be economic development, increase of productivity, improvement of the standard of living and achievement of prosperity for citizens, all within the limits of the law." Duties of citizens include national defense, observance of public order and respect for public morals, andpayment of taxes. These rights and obligations, however, apply only to Kuwaiti citizens. The remainder of the population have few political and civil rights and enjoy restricted access to the benefits of the state welfare system.

In August 1976, in reaction to heightened assembly opposition to his policies, the amir suspended four articles of the constitution concerned with political and civil rights (freedom of the press and dissolution of the legislature) and the assembly itself. In 1980, however, the suspended articles of the constitution were reinstated along with the National Assembly. In 1982 the government submitted sixteen constitutional amendments that, among other things, would have allowed the amir to declare martial law for an extended period and would have increased both the size of the legislature and the length of terms of office. In May 1983, the proposals were formally dropped after several months of debate. Nonetheless, the issue of constitutional revisions continued as a topic of discussion in both the National Assembly and the palace. In 1986 the constitution was again suspended, along with the National Assembly. As with the previous suspension, popular opposition to this move emerged; indeed, the prodemocracy movement of 1989-90 took its name, the Constitutional Movement, from the demand for a return to constitutional life. This opposition became more pronounced following the Iraqi occupation, which abrogated all constitutional rights, and following Kuwait's return to sovereignty in 1991. In early 1992, many press restrictions were lifted. After the October 1992 election, the National Assembly exercised its constitutional right to review all amiri decrees promulgated while the assembly was in dissolution.

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