The formation and competencies of the Kuwaiti Constitutional Court (Analytical Study).

Document Type : Original Article

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Faculty of Law - Mansoura University

Abstract

The oversight of the constitutionality of laws and regulations requires a rigid constitution, as well as the existence of a judicial body responsible for monitoring constitutionality. Constitutions usually stipulate the method of constitutional review, either by establishing a judicial authority or body to oversee constitutionality, or by assigning the task of constitutional review to the regular courts of the state. In Kuwait, the 1962 Constitution states in Article (173) that: 'The law shall determine the judicial authority responsible for resolving disputes related to the constitutionality of laws and regulations, and shall clarify its powers and the procedures to be followed. The law guarantees the right of both the government and relevant parties to challenge the constitutionality of laws and regulations before that authority. If that authority declares a law or regulation unconstitutional, it is considered as if it never existed.'

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