home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Multimedia Mania
/
abacus-multimedia-mania.iso
/
dp
/
0038
/
00380.txt
next >
Wrap
Text File
|
1993-07-27
|
22KB
|
561 lines
$Unique_ID{bob00380}
$Pretitle{}
$Title{Kuwait
Constitution. Part 4}
$Subtitle{}
$Author{Abdullah Al-Salim Al-Subah}
$Affiliation{Emir of Kuwait}
$Subject{assembly
article
national
amir
law
members
minister
session
within
constitution}
$Date{1989}
$Log{}
Title: Kuwait
Book: The Constitution of the State of Kuwait
Author: Abdullah Al-Salim Al-Subah
Affiliation: Emir of Kuwait
Date: 1989
Constitution. Part 4
PART IV POWERS
Chapter I - General Provisions
Article 50
The system of Government is based on the principle of separation of
powers functioning in co-operation with each other in accordance with the
provisions of the Constitution. None of these powers may relinquish all or
part of its competence specified in this Constitution.
Article 51
Legislative power shall be vested in the Amir and National Assembly in
accordance with the Constitution.
Article 52
Executive power shall be vested in the Amir, the Cabinet and the
Ministers, in the manner specified by the Constitution.
Article 53
Judicial power shall be vested in the Courts, which shall exercise it
in the name of the Amir within the limits of the Constitution.
Chapter II - The Head of State
Article 54
The Amir is the head of the State. His person shall be immune and
inviolable.
Article 55
The Amir shall exercise his powers through his Ministers.
Article 56
The Amir shall, after the traditional consultations, appoint the Prime
Minister and relieve him of office. The Amir shall also appoint Ministers and
relieve them of office upon the recommendation of the Prime Minister.
Ministers shall be appointed from amongst the members of the National
Assembly and from others.
The number of Ministers in all shall not exceed one-third of the number
of the members of the National Assembly.
Article 57
The Cabinet shall be re-constituted in the manner specified in the
preceding Article at the beginning of every legislative term of the National
Assembly.
Article 58
The Prime Minister and the Ministers shall be collectively responsible
to the Amir for the general policy of the State. Every Minister shall also be
individually responsible to the Amir for the affairs of his ministry.
Article 59
The Law referred to in Article 4 of this Constitution shall specify the
conditions under which the Amir shall exercise his constitutional powers.
Article 60
Before assuming his powers the Amir shall take the following oath at a
special sitting of the National Assembly:
"I swear by Almighty God to respect the Constitution and the laws of the
State, to defend the liberties, interests and properties of the people and
to safeguard the independence and territorial integrity of the Country"
Article 61
In the event of his absence outside the Country and the inability of the
Heir Apparent to act as Deputy for him, the Amir shall appoint, by an Amiri
Order, a Deputy who shall exercise his powers during his absence. The said
Amiri Order may include a specified arrangement for the exercise of the said
powers on behalf of the Amir, or a limitation of their scope.
Article 62
The Amir's Deputy shall satisfy the qualifications laid down in Article
82 of this Constitution. If he is a Minister or a member of the National
Assembly he shall not take part in the ministerial functions or in the work
of the Assembly during the period he is acting as Deputy for the Amir.
Article 63
Before assuming his powers the Amir's Deputy shall, at a special sitting
of the National Assembly, take the oath mentioned in Article 60 of this
Constitution with the following phrase added thereto:
"and be loyal to the Amir"
In case the National Assembly is not in session, the Oath shall be taken
before the Amir.
Article 64
The provisions of Article 131 of this Constitution shall apply to the
Amir's Deputy.
Article 65
The Amir shall have the right to initiate, sanction and promulgate laws.
Promulgation of laws shall take place within thirty days from the date of
their submission by the National Assembly to the Amir. This period shall be
reduced to seven days in case of urgency. Such urgency shall be decided upon
by a majority vote of the members constituting the National Assembly.
Official holidays shall not be counted in computing the promulgation
period.
In the period of promulgation expires without the Head of State demanding
reconsideration, the bill shall be considered as having been sanctioned and
shall be promulgated.
Article 66
Reference of a bill for reconsideration shall be by a decree stating the
grounds therefor. If the National Assembly confirms the bill by a two-thirds
majority vote of its members the Amir shall sanction and promulgate the bill
within thirty days from its submission to him. If the bill does not receive
the said majority, it shall not be reconsidered during the same session. If
the National Assembly, in another session, confirms the same bill by a
majority vote of its members, the Amir shall sanction and promulgate the bill
as law within thirty days from its submission to him.
Article 67
The Amir is the Supreme Commander of the Armed Forces. He appoints and
dismisses officers in accordance with law.
Article 68
The Amir shall declare defensive war by decree. Offensive war is
prohibited.
Article 69
The Amir shall proclaim Martial Law in the cases of necessity determined
by law and in accordance with the procedure specified therein. The
proclamation of Martial Law shall be by decree. Such decree shall be referred
to the National Assembly within the fifteen days following its issue, for a
decision on the future of Martial Law. If the proclamation takes place during
the period the National Assembly is dissolved it shall be referred to the new
Assembly at its first sitting.
Martial Law may not continue unless a decision to that effect is made by
a majority vote of the members constituting the Assembly.
In all cases the matter shall be referred to the National Assembly in
accordance with the foregoing procedure, every three months.
Article 70
The Amir shall conclude treaties by decree and shall transmit them
immediately to the National Assembly with the appropriate statement. A treaty
shall have the force of law after it is signed, ratified and published in the
Official Gazette.
However, treaties of peace and alliance; treaties concerning the
territory of the State, its natural resources or sovereign rights, or public
or private rights of citizens; treaties of commerce, navigation and residence;
and treaties which entail additional expenditure not provided for in the
budget, or which involve amendment of the laws of Kuwait; shall come into
force only when made by a law.
In no case may treaties include secret provisions contradicting those
declared.
Article 71
Should necessity arise for urgent measures to be taken while the National
Assembly is not in session or is dissolved, the Amir may issue decrees in
respect thereof which shall have the force of law, provided that they shall
not be contrary to the Constitution or to the appropriations included in the
budget law.
Such decrees shall be referred to the National Assembly within the
fifteen days following their issue if the Assembly is in being. If it is
dissolved or its legislative term has expired such decrees shall be referred
to the next Assembly at its first sitting. If they are not thus referred they
shall retrospectively cease to have the force of law, without the necessity of
any decision to that effect. If they are referred and the Assembly does not
confirm them, they shall retrospectively cease to have the force of law,
unless the Assembly approves their validity for the preceding period or
settles in some other way the effects arising therefrom.
Article 72
The Amir shall, by decree, issue the regulations necessary for the
execution of laws without amending or suspending such laws or making any
exemption from their execution. A law may prescribe less formal instrument
than a decree for the issue of the regulations necessary for its execution.
Article 73
The Amir shall, by decree, issue sanctions and regulations necessary for
the organization of public services and administration, not conflicting with
any law.
Article 74
The Amir shall appoint and dismiss civil and military officials and
diplomatic representatives to foreign countries in accordance with law. He
shall also accept credentials of the representatives of foreign countries.
Article 75
The Amir may, by decree, grant a pardon or commute a sentence. However,
general amnesty shall not be granted except by a law and then only in respect
of offences committed prior to the proposal of the amnesty.
Article 76
The Amir shall confer Orders of Honour in accordance with law.
Article 77
Coins shall be minted in the name of the Amir in accordance with law.
Article 78
Upon the accession of the Head of State his annual emoluments shall be
fixed by a law for the duration of his reign.
Chapter III - Legislative Power
Article 79
No law may be promulgated unless it has been passed by the National
Assembly and sanctioned by the Amir.
Article 80
The National Assembly shall be composed of fifty members elected directly
by universal suffrage and secret ballot in accordance with the provisions
prescribed by the electoral law.
Ministers who are not elected members of the National Assembly shall be
considered ex-officio members thereof.
Article 81
Electoral constituencies shall be determined by law.
Article 82
A member of the National Assembly shall:
(a) be a Kuwaiti by origin in accordance with law.
(b) be qualified as an elector in accordance with the electoral law.
(c) be not less than thirty calendar years of age on the day of election.
(d) be able to read and write Arabic well.
Article 83
The term of the National Assembly shall be four calendar years commencing
with the day of its first sitting. Elections for the new Assembly shall take
place within the sixty days preceding the expiry of the said term, due regard
being given to the provisions of Article 107.
Members whose term of office expires may be re-elected.
The term of the Assembly may not be extended except for necessity in time
of war and by a law.
Article 84
If, for any reason, a seat in the National Assembly becomes vacant before
the end of the term, the vacancy shall be filled by election within two months
from the date on which the Assembly declares the vacancy. The mandate of the
new member shall last until the end of that of his predecessor.
If the vacancy occurs within six months prior to the expiry of the
legislative term of the Assembly no successor shall be elected.
Article 85
The National Assembly shall have an annual session of not less than eight
months. The said session may not be prorogued before the budget is approved.
Article 86
The Assembly shall start its ordinary session during the month of October
of every year upon a convocation by the Amir. If the decree of convocation is
not issued before the first of the said month, the time for the meeting shall
be deemed to be 9 a.m. on the third Saturday of that month. If such day
happens to be an official holiday, the Assembly shall meet on the morning of
the first day thereafter.
Article 87
Notwithstanding the provisions of the preceding two articles the Amir
shall summon the National Assembly to hold its first meeting within two weeks
of the end of the general election. If the decree of convocation is not issued
within the said period, the Assembly shall be deemed to have been convoked for
the morning of the day following these two weeks, due regard being given to
the relevant provision of the preceding Article.
If the date of the meeting of the Assembly falls after the annual date
mentioned in Article 86 of the Constitution, the term of the session specified
in Article 85 shall be reduced by the difference between the said two dates.
Article 88
The National Assembly shall, by decree, be called to an extra-ordinary
session if the Amir deems it necessary, or upon the demand of the majority of
the members of the Assembly.
In an extraordinary session the Assembly may not consider matters other
than those for which it has been convened except with the consent of the
Cabinet.
Article 89
The Amir shall announce the prorogation of ordinary and extra-ordinary
sessions.
Article 90
Every meeting held by the Assembly at a time or place other than that
assigned for its meeting shall be invalid, and resolutions passed thereat
shall, by virtue of law, be void.
Article 91
Before assuming his duties in the Assembly or in its committees, a member
of the National Assembly shall take the following oath before the Assembly in
a public sitting:
"I swear by Almighty God to be faithful to the Country and to the Amir, to
respect the Constitution and the laws of the State, to defend the liberties,
interests and properties of the people and to discharge my duties honestly and
truthfully."
Article 92
The National Assembly shall elect at its first sitting and for the
duration of its term a Speaker and Deputy Speaker from amongst its members. If
either office becomes vacant the Assembly shall elect a successor for the
remainder of its terms.
In all cases election shall be by an absolute majority vote of the
members present. If this majority vote is not attained in the first ballot,
another election shall be held between the two candidates receiving the
highest number of votes. If more than one candidate receives an equal number
of votes in the second place, all such candidates shall participate in the
second ballot. In this case the candidate who receives the greatest number of
votes shall be elected. If there is a tie in this last ballot, the choice
shall be by lot.
The oldest member shall preside over the first sitting until the
President is elected.
Article 93
The Assembly shall form, within the first week of its annual session, the
committees necessary for its functions. These committees may discharge their
duties during the recess of the Assembly with a view to submitting their
recommendations to it when it meets.
Article 94
Sittings of the National Assembly shall be public, though they may be
held in secret upon the request of the Government, the National Assembly
Speaker, the Assembly or ten of its members. The debate on such request shall
be held in secret.
Article 95
The National Assembly shall decide upon the validity of the election of
its members. No election may be declared invalid except by a majority vote of
the members constituting the Assembly. This jurisdiction may, by law, be
entrusted to a judicial body.
Article 96
The National Assembly shall be the competent authority to accept
resignation of its members.
Article 97
For a meeting of the National Assembly to be valid more than half of its
members must be present. Resolutions shall be passed by an absolute majority
vote of the members present, except in cases where a special majority is
required. When votes are equally divided, the motion shall be deemed to be
rejected.
Article 98
Immediately upon its formation, every Cabinet shall present its
programme to the National Assembly. The Assembly may make comments with regard
to such a programme.
Article 99
Every member of the National Assembly may put to the Prime Minister and
to Ministers questions with a view to clarifying matters falling within their
competence. The questioner alone shall have the right to comment once upon the
answer.
Article 100
Every member of the National Assembly may address to the Prime Minister
and to Ministers interpellations with regard to matters falling within their
competence.
The debate on such an interpellation shall not take place until at least
eight days have elapsed after its presentation, except in case of urgency and
with the consent of the Minister concerned.
Subject to the provisions of Articles 101 and 102 of the Constitution, an
interpellation may lead to the question of no-confidence being put to the
Assembly.
Article 101
Every Minister shall be responsible to the National Assembly for the
affairs of his ministry. If the Assembly passes a vote of no-confidence
against a Minister, he shall be considered to have resigned his office as from
the date of the vote of no-confidence and shall immediately submit his formal
resignation. The question of confidence in a Minister may not be raised except
upon his request or upon a demand signed by ten members, following a debate on
an interpellation addressed to him. The Assembly may not make its decision
upon such a request before the lapse of seven days from the presentation
thereof.
Withdrawal of confidence from a Minister shall be by a majority vote of
the members constituting the Assembly excluding Ministers. Ministers shall not
participate in the vote of confidence.
Article 102
The Prime Minister shall not hold any portfolio; nor shall the question
of confidence in him be raised before the National Assembly.
Nevertheless, if the National Assembly decides, in the manner specified
in the preceding Article, that it cannot co-operate with the Prime Minister,
the matter shall be submitted to the Head of State In such a case the Amir may
either relieve the Prime Minister of office and appoint a new Cabinet or
dissolve the National Assembly.
In the event of dissolution, if the new Assembly decides by the
above-mentioned majority vote that it cannot co-operate with the said Prime
Minister, he shall be considered to have resigned as from the date of the
decision of the Assembly in this respect, and a new Cabinet shall be formed.
Article 103
If, for any reason, the Prime Minister or a Minister vacates his office,
he shall continue to discharge the urgent business thereof until his successor
is appointed.
Article 104
The Amir shall open the annual session of the National Assembly whereupon
he shall deliver an Amiri Speech reviewing the situation of the country and
the important public matters which happened during the preceding year, and
outlining the projects and reforms the Government plans to undertake during
the coming year.
The Amir may depute the Prime Minister to open the Assembly or to deliver
the Amiri Speech.
Article 105
The National Assembly shall choose, from amongst its members, a
committee to draft the reply to the Amiri Speech which will embody the
comments and wishes of the Assembly. After the said reply has been approved by
the Assembly, it shall be submitted to the Amir.
Article 106
The Amir may, by a decree, adjourn the meeting of the National Assembly
for a period not exceeding one month. Adjournment may be repeated during the
same session with the consent of the Assembly and then once only. A period of
adjournment shall not be counted in computing the duration of the session.
Article 107
The Amir may dissolve the National Assembly by a decree in which the
reasons for dissolution shall be indicated. However, dissolution of the
Assembly may not be repeated for the same reasons.
In the event of dissolution, elections for the new Assembly shall be held
within a period not exceeding two months from the date of dissolution.
If the elections are not held within the said period the dissolved
Assembly shall be restored to its full constitutional authority and shall meet
immediately as if the dissolution had not taken place. The Assembly shall
then continue functioning until the new Assembly is elected.
Article 108
A member of the Assembly represents the whole nation. He shall safeguard
the public interest and shall not be subject to any authority in the discharge
of his duties in the Assembly or in its committees.
Article 109
A member of the Assembly shall have the right to initiate bills.
No bill initiated by, a member and rejected by the National Assembly may
be re-introduced during the same session.
Article 110
A member of the National Assembly shall be free to express any views or
opinions in the Assembly or in its committees. Under no circumstances shall
he be held liable in respect thereof.
Article 111
Except in cases of flagrante delicto, no measures of inquiry, search,
arrest, detention or any other penal measure may be taken against a member
while the Assembly is in session, except with the authorization of the
Assembly. The Assembly shall be notified of any penal measure that may be
taken during its session in accordance with the foregoing provision. The
Assembly shall always at its first meeting be notified of any such measure
taken against any of its members while it was not sitting. In all cases, if
the Assembly does not give a decision regarding a request for authorization
within one month from the date of its receipt, permission shall be deemed to
have been given.