O leadership … Amend Constitution

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IT is finally official that the National Assembly has been dissolved. As usual, the two authorities – executive and legislative – are in confusion despite the fact that Kuwait has been on a march of democratic work for six decades.

It appears that Kuwait is yet to enter the era of political stability, given that it is unreasonable that the average age of the National Assembly is about nine months. Only five parliaments have so far managed to complete their entire legislative term.

This defect stems from the lack of ability to put an end to the crisis despite the clarity of the Constitution in the text regarding the cooperation of the constitutional authorities. Also, the parliament has a parallel authority, which is imposed upon any law after a month of not being signed by the head of state, who is constitutionally the head of all authorities.

Here, Kuwaitis forget that article 174 of the Constitution stipulates, “… A proposal for the amendment of this Constitution shall not be permissible before the lapse of five years from the date of its coming into force.”

Since 1962 until today, the problems arising from its implementation have not been considered. Work has been done to develop it in order to consolidate stability in the country.

In all the ancient democratic countries of the world, the Constitution is reviewed every once in a while, especially when an obstacle arises that prevents the authorities from exercising their role.

This is the case in France when President Charles de Gaulle realized in 1958 that the state was heading towards chaos as a result of the inability of institutions to solve their problems, and the collapse of The Fourth Republic. He therefore launched a political process that ended in a new Constitution, which is currently in force.

As for Italy, which was reeling from governmental chaos as a result of disagreements between the House of Representatives and the Council of Ministers, 45 governments were formed within 77 years. The government was only a year and seven months old when it realized that the only solution was to amend the Constitution, which it did the last time in 2012. This led to its political stability.

Today, we are heading towards new elections, the fifth in ten years, which is a step followed every time things go back to square one as a result of the lack of cooperation between the government and the National Assembly.

This made the people weary of the constant confusion, the suspension of development and projects, and the decline in the standard of living due to the failure to pass laws that revive the national economy.

According to the results of the past ten years, the situation will not change, because the obstacle is not in the candidates or the selection of ministers only, but in the electoral system, and the almost absolute constitutional power of the representatives.

There is no doubt that “returning to the people” is the golden rule upon which His Highness the Amir relied as the reason for the dissolution of the 2020 parliament. His Highness the Crown Prince had announced it on his behalf, but this necessitates understanding the causes of the disease.

As most segments of society are calling for the suspension of the National Assembly after the problems it caused, the leadership must exercise its powers and work to correct the constitutional imbalance.

The leadership has full powers in this regard in order to get out of this crisis and avoid continuing to live “between gallows to catch our breath.”

The rope will not break, and the state is slowly dying as a result of spinning in the circle of political friction between the government and the parliamentarians.

By Ahmed Al-Jarallah

Editor-in-Chief, the Arab Times

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