The stage of the establishment of the Constitutional Court: A comparative study between Kuwaiti and Egyptian laws.

It is obvious that the constitution is the supreme and highest law that establishes the rules and principles upon which governmental systems are based. The constitution also defines the public authorities of the state and outlines the functions assigned to them, setting the limits and restrictions that regulate the activities of states, and establishes the controls for freedoms and public rights, while arranging the fundamental guarantees for the protection of those rights and freedoms. If the subjection of the state and all its powers to the principle of the sovereignty of the constitution is a rule established and a necessary judgment for any sound democratic system, it is imperative for all public authorities, regardless of their importance, the functions assigned to them, and also the nature of the powers conferred upon them, to adhere to the rules, principles, and provisions of the constitution. Public authorities must adhere to the limits and restrictions set by the constitution; if the constitution is violated or disregarded by those authorities, their actions are flawed and void. The constitution entrusted judicial oversight, in both Egypt and Kuwait, to the Supreme Constitutional Court as the highest judicial authority designated exclusively to rule on the constitutionality of laws and regulations, aiming to uphold the provisions of the constitution, protect them, and guard against any violations or contraventions. It is noteworthy that constitutional oversight in Kuwait was raised before the issuance of Law No. 14 of 1973 establishing the Constitutional Court, specifically in 1970, when a challenge regarding the unconstitutionality of the public order law was presented to the Court of Appeals. And which issued a decision of its lack of jurisdiction to consider the appeal, justifying its decision by stating that the Kuwaiti Constitution mentioned in Article 173 the formation of a specialized court whose jurisdiction is the constitutional oversight of laws and regulations.