Legal issues pertaining to the powers of the CMA in relation to the principle of separation of powers: an analytical study

Document Type : Original Article

Author

Department, Saad Al-Abdullah Academy for Security Sciences, Kuwait.

Abstract

The paper deals with one of the most important legal issues related to the establishment of independent bodies with great legislative, executive and judicial power and the constitutional principle of separation of powers. The stability of states depends on the principle of separation of executive, legislative and judicial powers. This principle seeks the balance of powers on the one hand, but that authority to one entity is not reduced on the other. Recently it has become clear that states need to establish independent administrative bodies that enjoy all legislative, executive and judicial powers and differ from traditional bodies. Therefore, the article has found that the Kuwaiti legislator has given the Capital Markets Authority independence and granted it executive, judicial and legislative powers to some extent. This suggests in principle that there is an imbalance in the principle of separation of powers.

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