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Kuwait: Supreme Constitutional Court Dissolves Parliament

(June 28, 2012) On June 25, 2012, the Kuwaiti Cabinet resigned after the Supreme Constitutional Court dissolved the current parliament and reinstated the previous one. (The Kuwaiti Cabinet Resigns After the Decision of the Supreme Constitutional Court [in Arabic], AL ARABIYA (June 25, 2012).)

In its decision, the Court declared that Emiri (Royal) Decree No. 443-2011, which had dissolved the previous parliament on December 3, 2011, was unconstitutional. Furthermore, the Court stated that the procedures followed in the parliamentary election that took place in February 2012 were unconstitutional. The Court's decision was brief; it did not identify the constitutional principles ignored by the royal decree, nor did it detail specific objections related to the procedures for the parliamentary election. (Id.)

Members of Parliament opposing the Court's decision announced that the ruling is illegal. They stated that Royal Decrees are acts of sovereignty that fall outside of the Court's jurisdiction, based on article 2 of Law No. 19-1959, on the judiciary. Therefore, they argue, the Supreme Constitutional Court does not have the authority to review any decrees issued by the Prince of Kuwait. These Members of Parliament also accused the Court of not respecting the wishes of the Kuwaiti people, as expressed in the December election. (Id.)