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Constitutional Amendments   

Kuwait Times - 23 August, 2012
Author: Mubarak Al-Maosharji

Upon its creation by the Constituent Parliament and approval of the late Amir HH Sheikh Abdullah Al-Salem Al-Sabah in 1962, the constitution was a contract that organized the relationship between the government and the people during the period that came directly after the state’s independence. At the time of its issuance, members of the constituent parliament recommended that the constitution be amended within five years to remain in-line and current with the nation’s developments.

More than fifty years later however the constitution remains unchanged. Even in the face of Kuwait’s drastic population growth, the increase in the number of voters after naturalized citizens were given the right to vote, female citizens being granted political rights, the constructional boom and increased levels of academic and political awareness- no changes have been made. It follows that the changes brought about by these developments renders the fifty MPs and thirteen ministers currently representing the nation as an insufficient number to run the state.

Meanwhile, the basic condition that any citizen who can read and right can be eligible to run for parliament is unsuitable in a society where illiteracy is almost nonexistent, and where the majority of people have high academic qualifications. It is also evident that there is a state of confusion regarding the responsibilities of the legislative, executive and judicial authorities-proven by the increase in the number of cases filed with the Constitutional Court.

All these are reasons to consider the idea that the constitution has become outdated in keeping up with the developments of the state and has become an obstacle on the road to development instead of being a contract that organizes relations between the government and the people. Therefore, a constitutional amendment that addresses a large number of its articles has become necessary to move Kuwait out of the continuous circle of political tensions that have dominated the country in recent years.

The constitution has become the focus of political crises that has seen multiple parliamentary dissolutions and cabinet resignations, and even pushed to become a priority ahead of national interests (we often hear demands calling for protecting the constitution and attacking any calls for amendments).

The next parliament is required to urgently carry out comprehensive constitutional amendments that maintain the basic articles, such as Kuwait being a constitutional monarchy, the Islamic Sharia being a main source of legislation, and having ruling powers be exclusive to descendants of Mubarak Al-Kabeer from the Al-Sabah family. The changes need to start with the conditions to run for parliament, as well as the constituencies’ distribution.

Moreover, changes are needed to provide lawmakers more authority, while reducing that of ministers inside the parliament, in addition to increasing the number of members of both the parliament and cabinet. Additionally, regulations are required to make sure that parliament seats are not dominated exclusively by certain sectarian groups, and to fight violations such as vote buying and vote transferring during primary elections.

These changes are necessary before we can talk about having an elected cabinet and moving to a full constitutional monarchy. — Al-Rai
 
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