Faculty of Education, Social Sciences and Law

School of Law

Research Student: Mohammad Menwer Al-Mutairi

Constitutionalising Executive powers in Kuwait with reference to the UK's laws and experience

Photo of Mohammad Menwer Al-Mutairi

Abstract

According to article 6 of the Kuwait Constitution, “The System of Government in Kuwait shall be democratic, under which sovereignty resides in the people, the source of all powers". However, the domination of the Executive powers is a remarkable feature in Kuwait's political system.  Thus, after more than fifty years of independence, the constitutional structure of the Parliamentary system has struggled to function in a democratic atmosphere.

The research thesis argues that such current Constitutional design lacks the necessary features to control the Executive powers according to the ethical values of democracy, rule of law, separation of power, and human rights and therefore, requires both fundamental and detailed reforms in order to achieve these objectives.

By evaluating the current constitutional structure to produce an acceptable level of democracy, this study aims to discuss the applicable democratic system, and, if it is able to reflect such ethical values, to identify the reasons behind any malfunctions, and to suggest solutions in a comprehensive review, particularly, of the role of the Executive and the Amir in the democratic function, and how to control them by effective mechanisms.

The study attempts to use new perspectives by way of verification. This critical analysis approach will conduct its examinations of the constitutional structure of Executive power's system in Kuwait against the global values of Democracy, rule of Law, human rights and the separation of powers principles.

The hypothesis outlined above will be explored by three different methodologies; firstly, by analysing, through documentary analysis, the Constitutional structure of Executive power system and measuring it against the ethical values of democracy, Rule of law, human rights and separation of powers principles; secondly, supporting this theoretical approach with fieldwork by interviewing "expert cohorts", and thirdly, by comparing controlling the Executive power in Kuwait with the UK’s laws and experience in order to explore applying a "transfer policy" method.

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