Breach of Constitution

WE have bestowed our trust upon the Legislative Committee, which is currently headed by our colleague Hussein Al-Huraiti — a judge and practicing lawyer. However, it appears that a majority has overcome this confidence because ignorance of the law and constitutional spirit, as well as the intention to win public sympathy, had overridden the legal endowment!
The committee recently issued unconstitutional and illegal decisions. It is possible to classify these decisions and laws under the article which aims to please the public. The first cacophonic decision was the proposed amendment of the internal regulation, including an implicit change in the Constitution, to hold parliamentary sessions in the absence of the ministers!

In my opinion, this is the highest level of constitutional breach since it distorts the fundamentals of the Kuwaiti Constitution, which combines the presidential and parliamentary systems. His Highness the Amir Sheikh Sabah Al-Ahmad Al-Sabah, along with his personality and status, is represented by the ministers who have attained attributes of lawmakers through their position in the Cabinet, so they are an integral part of the Parliament. Is it possible to hold a parliamentary session without the ministers?
Apart from the theoretical legal perspective, we can compare any session without the ministers to ‘Hyde Park’ - an extension of Erada Square or a mere gathering! The lawmakers will just say anything to get the attention of voters, while the action or execution is only through the government or its agencies, because it is not part of their prerogatives. If the Parliament approves this cheap decision from the committee, the government will surely request for its referral to the Constitutional Court which will declare it null and void.


The committee has also agreed to grant KD 5,000 to all adult Kuwaitis - a recommendation from MP Saleh Ashour. I was surprised when the committee took this decision, which is actually under the jurisdiction of its financial affairs counterpart. The latter should have discussed the cost involved in implementing this proposal with the government.
In case the government approves the proposal, the committee will definitely include this among its achievements, but it would not have been enforced in the same manner the legislative panel has done. This would have been a financial grant without any effort in our favor. A caliph has once said, “Give him something from the Muslim treasury!”

Email: alialbaghli@hotmail.com




 


By: Ali Ahmed Al-Baghli

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