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Constitution of Kuwait

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Constitution of Kuwait

The Constitution of Kuwait (Arabic: الدستور الكويتي, romanizedad-distūr al-Kuwayti, Gulf Arabic pronunciation: [ɪddɪstuːr ɪlkweːti]) was framed by the Constitutional Assembly in 1961–1962 and signed into law on 11 November 1962 by the Emir, the Commander of the Military of Kuwait Sheikh Abdullah III Al-Salim Al-Sabah.

In June 1961, following the independence of Kuwait and under the shadow of an Iraqi threat, Amir Abdullah Al-Salim Al-Sabah announced that he would establish a constitution for Kuwait. In December, elections were held for a Constituent Assembly, which then drafted a constitution promulgated as Law Number 1 on November 11, 1962. Although articles of the constitution have since been suspended twice, the document nonetheless remains the basic statement of intent for the Kuwaiti political system.

The Constitution of the State of Kuwait is composed of 183 articles divided into five chapters:

The constitution defines Kuwait as "a hereditary Emirate, the succession to which shall be in the descendants of the late Mubarak Al Sabah." This clause codifies what has become practice: the semiformal alternation of power since 1915 between the lines of Mubarak's two ruling sons: Jabir and Salim.

The Constitution of Kuwait is theoretically based on the modern civil state democratic principles and combines aspects of both presidential and parliamentary systems (theoretically). The pillars of the Constitution are the sovereignty of the State, public freedom and equality before the law. Although granting the emir very substantial power, the constitution also provides for some semblance of political participation by the citizens. The system of government is defined in Article 6 as "democratic, under which sovereignty resides in the people, the source of all powers." Articles 79 to 122 establish the National Assembly and lay out the rules governing its formation, rights, and duties.

The head of the state is the Emir, the Commander of the Military of Kuwait, who has extensive competencies, who along with his cabinet constitutes the executive branch. The Emir is also part of the legislative branch along with the National Assembly of Kuwait. The parliament can be dismissed by the Emir, which is usually followed by elections within 2 months. The constitution opens with the declaration that Kuwait is "an independent sovereign Arab State," and its people are "a part of the Arab Nation." Islam is "the religion of the state," and the sharia (Islamic law) is "a main source of legislation." The latter phrase has been the source of much debate, with Islamist opposition members pressing to have Islam made "the" source of legislation.

Individual rights protected by the constitution are extensive and include personal liberty and equality before the law, freedom to hold beliefs and express opinions, and freedom of the press. The residences of citizens are inviolable, the torture and the deportation of Kuwaiti citizens are prohibited, and the accused are assumed innocent until proven guilty. Also guaranteed is the freedom to form associations and trade unions. The constitution guarantees the independence of the judiciary and designates the Supreme Council of the Judiciary as its highest body and guarantor of judicial independence.

The constitution also grants citizens a number of social rights, which form the basis for Kuwait's extensive welfare system. The state is constitutionally obligated to care for the young and to aid the old, the ill, and the disabled. It is obliged to provide public education and to attend to public health. The constitution provides for state involvement in the national economy to the degree that these obligations necessitate.

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