On May 10, 2024, The Kuwaiti Amir (ruler) issued a royal order dissolving the National Assembly (parliament) and suspending some provisions in the 1962 Kuwaiti Constitution for a period not exceeding four years.
The royal order grants the Amir the sole right to issue laws and stipulates that laws will be promulgated by royal orders.
The royal order does not provide a reason for dissolving the parliament and suspending the constitutional provisions. However, in a televised statement to the nation, the Amir stated that he adopted such measures to rescue the country and protect its higher national interest and resources. He also said that the legislative and executive branches of the government must work within specific parameters. He criticized the behavior of some members of the parliament and described such behavior as an infringement on the constitution that could not be tolerated. He also said the current Kuwaiti constitution is unable to carry out its role to protect the Amir, who is the ruler of the country and the head of the executive branch, from the infringements of members of parliament on his constitutional rights.
Suspended Constitutional Provisions
The following constitutional provisions were suspended by the royal order.
Article 51 stipulates that the legislative power is vested in both the Amir and the National Assembly. The suspension of article 51 means that the Amir takes over the powers of the legislature by replacing the National Assembly.
Article 56 (2) authorizes members of the National Assembly to appoint members of the cabinet. Following the suspension of this article the Amir has the sole authority to appoint members of the cabinet.
Article 71 (2) obligates the Amir to submit to members of parliament within fifteen days all royal orders that he issues in the absence of the parliament for review by members. The suspension of this article means that the Amir is no longer obligated to submit any royal orders to members of parliament for their review and approval.
Article 79 provides that no law will be enacted unless it is passed by the National Assembly. After the suspension of this article, the Amir is the only government entity that has the power to pass laws.
Article 107 states that in the event of the dissolution of the National Assembly, parliamentary elections for a new assembly must be held within two months. Paragraph 3 of this article further states that if elections are not held within two months, the dissolved assembly must be restored as if its dissolution had not taken place. Due to the suspension of this article, parliamentary elections will not take place within two months following the Amir’s dissolution of the National Assembly.
Article 174 grants one third of the members of the National Assembly the right to propose to delete, amend, or add one or more provisions in the Kuwaiti constitution. The royal order deprives members of the National Assembly of this authority.
Article 181, which prohibits the suspension of the meetings of the National Assembly.
Arresting Kuwaiti Citizens for Criticizing the Amir
On May 11, 2024, one day after the Amir issued the royal order, the Kuwaiti Public Prosecutor ordered the arrest of Kuwaiti citizens after accusing them of publishing statements on social media criticizing the Amir. The individuals were charged with the crimes of challenging the Amir’s rights and powers, defaming the Amir, and directly criticizing him.
George Sadek, Law Library of Congress, May 24, 2024
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