KUWAIT CITY, April 1: A total of 27 former and incumbent lawmakers and activists released a joint statement, urging His Highness the Prime Minister Sheikh Ahmad Nawaf Al-Ahmad Al-Jaber Al- Sabah and the Council of Ministers to take legal measures to address the consequences of the Constitutional Court’s decision to nullify the 2022 Parliament and reinstate its predecessor.

They hold HH the Prime Minister responsible for protecting the political leadership and rectifying the erroneous decision of the Constitutional Court, which contravened the nation’s will and hindered the realization of the political leadership’s wish to respond to the demand of the citizens to dissolve the 2020 Parliament. They stressed the need for the Council of Ministers to discuss the issue with the concerned institutions in order to appeal the decision of the court and prevent its negative consequences.

Member of the nullified legislature Alia Al-Khaled said the decision of the Constitutional Court is like “adding insult to injury and it pushed the country several steps backwards.” She then affirmed trust in the capability of the political leadership to take the necessary legal measures, as well as utilize their constitutional authority to correct errors and prevent trust issues and instability. She said Kuwait is in urgent need of decisiveness and competence in the management of crises.

Catastrophe
Former MP Musalam Al-Barrak described the reinstatement of the 2020 Parliament as a political catastrophe regardless of the mistakes of its successor. He called on the opposition to implement a certain political project, highlighting the important role of social media in promoting the project. He appealed to everyone to adhere to the Constitution and settle personal disputes to avoid negative developments. Law Professor Ahmed Saad Al-Azmi criticized the decision of the Constitutional Court, indicating it is beyond the authority granted to the court.

He added the court rules on appeals regarding election results as per Article 95 of the Constitution and the constitutionality of laws as per Article 173. He pointed out that the authority to rule on election result appeals was initially granted to the Parliament, which did so for almost 10 years — before the establishment of the Constitutional Court in 1973. He said this task was passed on to the Constitutional Court, so it is illogical that the court has more power than the legislative authority.

He cited Article 41 of the Constitutional Court Law, stipulating the right of candidates to appeal the election results. He argued the law does not mandate the Constitutional Court to rule on the whole election process. He went on to say that Article 50 of the Constitution states: “In conformity with the provisions of the Constitution, the system of government shall be established on the basis of separation and cooperation of powers. No Authority shall be allowed to waive all or part of its jurisdiction as prescribed in this Constitution.”

Solution
He added: “If the Constitutional Court is considered a part of the judicial authority, why does it dominate another authority — the legislature? Does the court have the authority to nullify the decree on forming the government or Supreme Judiciary Council? This must also be the case with decrees on electing or dissolving the Parliament. The recent decision of the Constitutional Court is a violation of Article One of the law on its establishment, which states the court is not authorized to rule on sovereign procedures like the dissolution of the Parliament and call for fresh elections.

The solution lies in the hands of the executive authority.” In a related development, Chairman of the Government Performance Follow Up Agency Sheikh Ahmad Meshal Al- Ahmad replied to the statement of 2022 Parliament Abdulwahab Al-Essa on the alleged dispute between him and His Highness the Prime Minister. He said such a claim is aimed at destroying relations between the Sabah Family and citizens. He denied the allegation of Al-Essa that the government has two disputing leaders, affirming he is part of the executive authority headed by His Highness the Prime Minister. By Saeed Mahmoud Saleh Arab Times Staff