Constitutional Court issued verdict on June 16, 2012
KUWAIT CITY, Nov 18: A resigned government is not allowed to submit a decree for dissolving the National Assembly, reports Al-Anba daily quoting informed sources.
They explained that the Constitutional Court issued a verdict on June 16, 2012 to state that a resigned government is not allowed to submit a decree to His Highness the Amir to dissolve the parliament.
The dissolution of the 2012 Parliament occurred because the decree for dissolving the 2009 Parliament was issued based on a proposal submitted to His Highness the Amir by a resigned government the members of which were no longer ministers after the resignation.
The sources affirmed that His Highness the Amir obtains his authority from the ministers as per Article 55 of the Constitution, due to which the proposal submitted to His Highness the Amir should be presented by a government in power, which means before the government resigned.
They indicated that the decree for dissolving the Parliament issued by His Highness the Amir should be signed by the Prime Minister also in order for the latter to bear the political responsibility. The sources concluded by stating that there is nothing called decree of necessity to dissolve the Parliament.