Constitutional advance in kuwait - Essay Example

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By November 1962, Kuwaiti leaders had already expressed their commitment to the realization of a new constitution. In that regard, the Constituent Assembly approved the provisions made…
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Constitutional Advance in Kuwait The last few years have seen significant developments in Kuwait’s constitutional progress. By November 1962, Kuwaiti leaders had already expressed their commitment to the realization of a new constitution. In that regard, the Constituent Assembly approved the provisions made in the new constitution. After extensive and intensive evaluation and analysis of the text, the Constituent Assembly chose to adopt the document. This is a significant step in the social, economic, and political growth and development in Kuwait.
In light of Kuwait’s new constitution, it is important to highlight key events leading to the dire need for a new constitution. The history of Kuwait shows that Kuwaiti people have always been subject to the influence of Shaikh-based leadership. On the same note, critical constitutional movements are evident in the country’s past and present history. Organized groups lobbying for constitutional leadership have put the Amir on the spot for the longest time. With the new constitution, however, the country’s history of diverse and dynamic movements will come to a beneficial end. Most importantly, the new constitution will strike a balance between Shaikhly leadership, merchant interests, and the general welfare of the Kuwaiti people.
The road to the new constitution was not easy. There were enormous challenges and barriers that often emerged to block constitutional developments in the country. The most critical challenge relates to the influence of Sabah family. This family supported a system in which the Executive is more powerful than Legislature. Executive power and authority that outweighed the Legislature, however, was not welcome. The Constituent Assembly foiled Sabah family’s attempts to strengthen the Executive at the expense of the Legislature.
Most importantly, there were three primary contentious issues as far as approving the new constitution was concerned. The Constituent Assembly debated three constitutional articles that had put the entire endeavor at stake. Article 2 elicited mixed reactions following a proposal to amend its provisions. The proposal was to amend the article and declare Sharia Law the primary legislation source. Such an amendment would have made Islamic Sacred Law the main source of legislation. However, this call for amendment was not adopted. Article 131 was brought to the attention of the house. The article prohibits ministers serving in Kuwait from engaging in income-generating business, professional, or financial activities. This merchant-driven interest, however, was rejected.
Finally, article 125 of the new constitution set a significant requirement for all persons interested in the country’s ministerial positions. The article only allows native Kuwaiti nationals to serve as ministers. Although this is one of the requirements applicable to ministry candidates, it is undoubtedly influential in determining the country’s leadership. Ministers and their deputies must be native Kuwaiti nationals as far as the new constitution is concerned. In conclusion, it is important to note that the implementation of Kuwait’s new constitution will not be an easy task in the days to come. However, the new constitution reflects the commitment, interest, and responsibility of the Kuwaiti people and the Sabah at large to move forward as a modern nation. Read More
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