Opinions on Election Law Concerns from Experts

Given that the recently ratified Election Law has not yet been put into effect and that the most recent amendment has rendered the previous law void, the dissolution of the National Assembly pursuant to an Amiri Decree may result in a variety of scenarios intended to safeguard the election-related system. Professor Muhammad Al-Fili, a constitutional expert, said that a recent revision to the legislation stipulates that judges must create the Higher Commission for Elections after resigning in order to be nominated to a temporary position that can only be renewed once. He claimed the judges were reluctant to accept the nomination because they believed it would not serve their interests under this scenario. He stated that although it is against the approved law, judges may be assigned to the Higher Commission for Elections.

He said that reactivating the old law, making small changes to the new law, or issuing a decree of necessity regarding the new election procedures would be the solutions. He emphasized that the election has to take place in accordance with the Constitution within a few months of the Assembly’s dissolution resolution being issued. He suggested that the period of time between the decree of necessity’s issue and Election Day should be at least one month. According to him, there is now less than a month remaining to issue a decree of necessity, meaning that this week will probably see its issuance.

He anticipates a decree that includes the latest law’s slight revision, given that the government has already authorized it. Professor Ibrahim Al-Homoud, a different constitutional expert, responded to proposals to restrict voting and election participation to Kuwaiti nationals only—that is, to individuals who are native Kuwaitis—as defined by Article One of the Nationality Law. “A decree altering any of these laws may be issued, as there are laws pertaining to elections and Kuwaiti citizenship.

He said, “HH the Amir Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah’s people are in Kuwait, therefore he will advocate for greater liberties in keeping with the worldwide trend. Al-Homoud drew attention to a few issues with the most recent modification to the Election Law, including how the judges would be appointed to the Higher Commission for Elections, which will be in charge of issuing the law’s executive regulations. These issues make the change challenging to put into practice.

However, the former MPs reaffirmed their respect for the Amir’s absolute power to dissolve the Assembly through an Amiri decree, citing the Constitution as support for this assertion.

According to former MP Khalid Al-Tamar, the government’s desire to push for the Assembly’s dissolution was evident from the start since it declined to work with the latter. Former Member of Parliament Badr Sayyar Al-Shemmari stated that he and his associates made a great effort to promote teamwork within the Assembly rather than individual heroism. He continued by saying that the Assembly demonstrated its effectiveness by working with the previous administration, which he called “serious,” and by refusing to work with a “temporary” administration that was established in order to force the Assembly’s dissolution. Former Member of Parliament Mehalhal Al-Mudhaf demanded that the administration finish all the necessary steps so that the recently adopted Election Law’s executive regulations could be released.

Under the direction of His Highness the Prime Minister Sheikh Dr. Mohammad Sabah Al-Salem Al-Sabah, the Cabinet met in extraordinary session on Thursday at Seif Palace to review the agenda items for the February 7, 2024, National Assembly session. Shereeda Al-Mousherji, the minister of state for cabinet affairs and deputy prime minister, said that the meeting went over the letter that His Highness the Prime Minister wrote to His Highness the Amir, Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah, regarding the unfortunate events. Al-Mousherji told reporters after the meeting that the Cabinet observed that the public and the state expressed outrage over the procedures and urged His Highness the Amir to take whatever appropriate action in response to these actions.

The procedures violated Article 54 of the Constitution, which states that “His Highness the Amir is the Head of State and has an immune status,” and so violated the sovereign status of the Amir. The National Assembly insisted on recording the proceedings in the Tuesday session’s minutes, even though the Sovereign speech is within the bounds of the Constitution. This is unacceptable to the Cabinet. The Kuwaiti people’s true values and the customs passed down from their ancestors are violated by the insistence on this transgression. Since taking office, the government has sincerely attempted to expand upon the action points in the program it presented to the National Assembly during its first meeting with Members of Parliament. The government’s agenda demonstrated a strong belief in the necessity of achieving sustainable development in all fields in order to guarantee a prosperous future and carry out His Highness the Amir’s sovereign orders.

In order to review the legislation in light of growing challenges and fulfill citizens’ aspirations in accordance with the law and the Constitution, the government has been keen to see effective cooperation between the Executive and Legislative authorities. The Cabinet decided to dissolve the National Assembly and presented the decree to His Highness the Amir, Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah, based on Article 107 of the Constitution and the presentation made by His Highness the Prime Minister.


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