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Title: A critical study of constitutional and judicial development in Kuwait
Author: Hussain, Majid Salman
ISNI:       0000 0004 2710 9487
Awarding Body: Newcastle University
Current Institution: University of Newcastle upon Tyne
Date of Award: 2011
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This thesis offers an analytical study of constitutional and judicial development in Kuwait; beginning with the study of the political and constitutional developments up to the promulgating of a permanent constitution in Kuwait, the thesis examines Kuwait’s ruling system prior to independence, especially contemporary constitutional matters originally based on tribal codes. It assesses the Reformation in 1921 and 1938 and the impact on constitutional development in Kuwait, and considers judicial power until 1959 and the decreeing of judiciary regulations law. It analyses the judicial system, which was scattered over many areas and specialisations, up to 1959, as well as the contents of the “Constitutional Decree” that emerged after independence in 1961. This thesis discusses some basic constitutional concepts and how they relate to the Kuwaiti Constitution. It deals with the fundamental framework of a government and its powers, and studies the processes of initiating a constitution, types of democracy and political systems, and sources of the Kuwaiti constitution. It also examines the formative and objective characteristics of the Kuwaiti Constitution, a comparison is made with other constitutional sources and Islamic Law; legislative power and the role of the National Assembly in the legislative process are also considered. The role of executive power in political life is examined, particularly all aspects of its functions and structural components. The Study examines the judicial power and concentrates on independence of the judiciary, the right of defence, the court system and jurisdiction and structure of the court system and its types. Law no. 14 for 1973 established the Constitutional Court to supervise various laws issued by the state. The study explores aspects of the Court’s role in censoring the constitutionality of laws and regulations up till the present. Separation of powers in the Kuwaiti Constitution and the mechanisms of the relationship between executive and legislative powers are also scrutinized. The mechanisms of the relationship between the judicial power and the legislative and executive powers are also examined. This thesis examines the Kuwaiti constitutional crises, which have occurred since the introduction of the 1962 constitution until the present time, as one of the evidence of the imperfect and unbalanced constitution, thus this study ended with some suggestions and recommendations to improve the constitution to be stable and effective
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available