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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,
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