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$Unique_ID{bob00381}
$Pretitle{}
$Title{Kuwait
Constitution. Part 4B}
$Subtitle{}
$Author{Abdullah Al-Salim Al-Subah}
$Affiliation{Emir of Kuwait}
$Subject{article
law
assembly
public
national
government
state
budget
minister
ministers}
$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 4B
Article 112
Upon a request signed by five members, any subject of general interest
may be put to the National Assembly for discussion with a view to Securing
Clarification of the Government's policy and to exchanging views thereon. All
other members shall also have the right to participate in the discussion.
Article 113
The National Assembly may express to the Government wishes regarding
public matters. If the Government cannot comply with these wishes, it shall
state to the Assembly the reasons thereof. The Assembly may comment once on
the Government's statement.
Article 114
The National Assembly shall at all times have the right to set up
committees of inquiry or to delegate one or more of its members to investigate
any matter within its competence. Ministers and all Government officials must
produce testimonials, documents and statements requested from them.
Article 115
The Assembly shall set up, among its annual standing committees, a
special committee to deal with petitions and complaints submitted to the
Assembly by citizens. The committee shall seek explanation thereon from the
competent authorities and shall inform the person concerned of the result.
A member of the National Assembly may not interfere with the work of
either the Judicial or the Executive Power.
Article 116
The Prime Minister and Ministers shall be given the floor whenever they
ask for it. They may call for assistance upon any senior officials or depute
them to speak on their behalf. The Assembly may ask for a Minister to be
present whenever a matter relating to his ministry is under discussion. The
Cabinet shall be represented in the sittings of the Assembly by the Prime
Minister or by some Ministers.
Article 117
The National Assembly shall lay down its standing orders which shall
include the procedure of the Assembly and its committees, and the rules
pertaining to discussion, voting, questions, interpellation and all other
functions prescribed in the Constitution. The standing orders shall prescribe
the sanctions to be imposed on any member who violates order or absents
himself from the meetings of the Assembly or the committees without a
legitimate excuse.
Article 118
The maintenance of order in the National Assembly shall be the
responsibility of its President. The Assembly shall have a special guard under
the authority of the President of the Assembly.
No armed forces may enter the Assembly or be stationed close to its gates
unless so requested by the President.
Article 119
The remuneration of the President of the National Assembly, the Deputy
President and the Members shall be fixed by law. In the event of a
modification of the said remuneration, such modification shall not take effect
until the next legislation term.
Article 120
Membership of the National Assembly shall be incompatible with public
office except in the cases where compatibility is permitted in accordance with
the Constitution. In such cases the right to the remuneration for membership
and the right to the salary of the public office shall not be cumulated.
The law shall specify other cases of incompatibility.
Article 121
During his mandate a member of the National Assembly shall not be
appointed on the board of directors of a company, nor shall he participate in
concessions granted by the Government or by public bodies.
Further, during the said mandate, he shall not buy or rent any property
of the State, nor shall he let, sell or barter any of his property to the
Government, except by public auction or tender, or in compliance with the
system of compulsory acquisition.
Article 122
During their mandate, members of the National Assembly with the
exception of those occupying a public office not incompatible with the
membership of the National Assembly, may not be awarded decorations.
Chapter IV - The Executive Power
Section I - The Cabinet
Article 123
The Council of Ministers shall have control over the departments of the
State. It shall formulate the general policy of the Government, pursue its
execution and supervise the conduct of work in Government departments.
Article 124
A law shall determine the remuneration of the Prime Minister and the
Ministers.
All other provisions regarding Ministers shall apply to the Prime
Minister unless otherwise stated.
Article 125
A Minister shall satisfy the qualifications laid down in Article 82 of
this Constitution.
Article 126
Before assuming office the Prime Minister and Ministers shall take before
the Amir the Oath specified in Article 91 of this Constitution.
Article 127
The Prime Minister shall preside over the meetings of the Council of
Ministers and supervise the co-ordination of work among the various
ministries.
Article 128
Deliberations of the Council of Ministers shall be secret. Resolutions
shall be passed only when the majority of its members are present and with the
approval of the majority of those present. In case of an equal division of
votes the side on which the Prime Minister has voted shall prevail.
Unless they resign, the minority shall abide by the opinion of the
majority.
Resolutions of the Council of Ministers shall be submitted to the Amir
for approval in cases where the issue of a decree is required.
Article 129
The resignation of the Prime Minister or his removal from office shall
involve the resignation or removal of all other Ministers.
Article 130
Every Minister shall supervise the affairs of his ministry and shall
execute therein the general policy of the Government. He shall also formulate
directives for the ministry and supervise their execution.
Article 131
While in office, a Minister shall not hold any other public office or
practice, even indirectly, any profession or undertake any industrial,
commercial or financial business. Further, he shall not participate in any
concession granted by the Government or by public bodies or comulate the
ministerial post with membership of the board of directors of any company.
Further, during the said period, a Minister shall not buy or take on hire
any property of the State even by public auction, nor shall he let, sell or
barter any of his property to the Government.
Article 132
A special law shall define the offences which may be committed by
Ministers in the performance of their duties, and shall specify the procedure
for their indictment and trial and the competent authority for the said trial,
without affecting the application of other laws to their ordinary acts or
offences and to the civil liability arising therefrom.
Article 133
Law shall regulate general and municipal self-governing bodies in such a
way as to ensure their independence under the direction and supervision of the
Government.
Section II - Financial Affairs
Article 134
No general tax may be established, amended or abolished except by a law.
No one may be exempted, wholly or partially, from the payment of such taxes
except in the cases specified by law. No one may be required to pay any other
tax, fee or imposition except within the limits of law.
Article 135
Law shall prescribe rules for the collection of public funds and the
procedure for their expenditure.
Article 136
Public loans shall be concluded by a law. The Government may grant or
guarantee a loan by a law, or within the limits of the funds appropriated for
the said purpose in the budget.
Article 137
Public institutions and local public legal entities may grant or
guarantee loans in accordance with the law.
Article 138
Law shall lay down rules for the protection of State properties, their
administration, the conditions of their disposal, and the limits within which
any of these properties may be relinquished.
Article 139
The financial year shall be fixed by law.
Article 140
The Government shall draw up the annual budget, comprising the revenue
and expenditure of the State, and submit it to the National Assembly, for
examination and approval, at least two months before the end of each current
financial year.
Article 141
The budget shall be discussed in the National Assembly Part by Part. None
of the public revenues may be allocated for a specific purpose except by law.
Article 142
Law may appropriate specific funds for more than one year if the nature
of the expenditure so requires, provided that each budget shall include the
funds allocated for that year, or alternatively, an extra-ordinary budget
covering more than one financial year shall be drawn up.
Article 143
The budget law may not include any provisions establishing a new tax,
increasing an existing tax, amending an existing law, or evading the issue of
a special law on a matter in respect of which the Constitution provides that a
law should be issued.
Article 144
The budget shall be issued by a law.
Article 145
If the budget law has not been promulgated before the beginning of the
financial year, the preceding budget shall be applied until the new one is
issued and revenues shall be collected and disbursements made in accordance
with laws in force at the end of the preceding year.
However, if the National Assembly has approved one or more Parts of the
new budget, they shall be put into effect.
Article 146
Any expenditure not included in the budget, or in excess of the budget
appropriations, as well as the transfer of any fund from one Part of the
budget to another, shall be effected by law.
Article 147
In no case shall the maximum estimate of expenditure, included in the
budget law or the laws amending it, be exceeded.
Article 148
Law shall specify the general budgets, both independent and annexed, to
which the provisions regarding the budget of the State shall be applied.
Article 149
The final accounts of the financial administration of the State for the
preceding year shall be submitted, within four months following the end of
the said year, to the National Assembly for consideration and approval.
Article 150
The Government shall submit to the National Assembly, at least once
during each ordinary session, a statement upon the financial position of the
State.
Article 151
A financial control and audit commission shall be established by a law,
which shall ensure its independence. The commission shall be attached to the
National Assembly and shall assist the Government and the National Assembly in
controlling the collection of the State revenues and the disbursement of its
expenditures within the limits of the budget. The commission shall submit to
both the Government and the National Assembly an annual report on its
activities and its observations.
Article 152
No concession for exploitation of either a natural resource or a public
service may be granted except by a law and for a limited period. In this
respect the preparatory measures shall facilitate the operations of
prospecting and exploration and ensure publicity and competition.
Article 153
No monopoly shall be granted except by a law and for a limited period.
Article 154
Law shall regulate currency and banking and determine standards, weights
and measures.
Article 155
Law shall regulate salaries, pensions, compensation, subsidies and
gratuities which are a charge on the State treasury.
Article 156
Law shall lay down provisions relating to the budgets and the final
accounts of local bodies and authorities which have a public legal
personality.
Section III - Military Affairs
Article 157
Peace is the aim of the State, and the safeguard of the integrity of the
Country, which is part of the integrity of the Greater Arab World, is a trust
devolving upon every citizen.
Article 158
Military service shall be regulated by law.
Article 159
The State alone shall establish armed forces and public security bodies,
and that in accordance with law.
Article 160
Mobilisation, general or partial, shall be regulated by law.
Article 161
A Supreme Defense Council shall be set up to conduct affairs relating to
defence, to the safeguard of the integrity of the Country and to the
supervision of the armed forces, in accordance with law.
Chapter V Judicial Power
Article 162
The honour of the Judiciary and the integrity and impartiality of judges
are the bases of rule and a guarantee of rights and liberties.
Article 163
In administering justice judges shall not be subject to any authority. No
interference whatsoever shall be allowed with the conduct of justice. Law
shall guarantee the independence of the Judiciary and shall state the
guarantees and provisions relating to judges and the conditions of their
irremovability.
Article 164
Law shall regulate the Courts of various kinds and degrees and specify
their functions and jurisdiction. Except when Martial Law is in force Military
Courts shall have jurisdiction only over military offences committed by
members of the armed and security forces within the limits specified by law.
Article 165
Sittings of the Courts shall be public save in the exceptional cases
prescribed by law.
Article 166
The right of recourse to the Courts is guaranteed to all people. Law
shall prescribe the procedure and manner necessary for the exercise of this
right.
Article 167
The Public Prosecution Office shall conduct penal charges on behalf of
society. It shall supervise the affairs of judicial police, the enforcement of
penal laws, the pursuit of offenders and the execution of judgments. Law shall
regulate this body, lay down its duties, and define the conditions and
guarantees for those who assume its functions.
As an exception, law may entrust to the public security authorities the
conduct of prosecutions in misdemeanours in accordance with the manner
prescribed by law.
Article 168
The Judiciary shall have a Supreme Council which shall be regulated, and
its duties defined, by law.
Article 169
Law shall regulate the settlement of administrative suits by means of a
special Chamber or Court, and shall prescribe its organization and the manner
of assuming administrative jurisdiction including the power of both
nullification and compensation in respect of administrative acts contrary to
law.
Article 170
Law shall organize the body which shall render legal advice to ministries
and public departments and shall draft bills and regulations. Law shall also
regulate the representation of the State and other public bodies before the
Courts.
Article 171
A Council of State may be established by a law to assume the functions
of administrative jurisdiction, rendering legal advice, and drafting bills and
regulations, mentioned in the preceding two Articles.
Article 172
Law shall prescribe the method of resolving conflicts of jurisdiction of
judgments between the various kinds of Courts.
Article 173
Law shall specify the judicial body competent to decide upon disputes
relating to the constitutionality of laws and regulations and shall determine
its jurisdiction and procedure.
Law shall ensure the right of both the Government and the interested
parties to challenge the constitutionality of laws and regulations before the
said body.
If the said body decides that a law or a regulation is unconstitutional
it shall be considered null and void.