Is Kuwait’s Constitution divine, and are MPs reformist companions?

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CONSTITUTIONS are not divine texts. They shape the overall social behavior and govern relations between authorities, which is why it is necessary to research them from time to time. This is a prevailing rule in various countries of the world. They respect their people and seek to develop their society. However, some of them are afflicted by a group of reformers who know how to take advantage of the loopholes in the text, and resist the progress of the nation. They are usually keen to aggravate the chaos that occurs when the state remains stagnant. This is why such people in Kuwait threaten woe and ruin whenever there is a call to amend the Kuwaiti Constitution for the better.

On the other hand, the parliaments of several countries, their governments, and their leaders conduct reviews of the constitutional texts from time to time. If any loophole is found that could lead to corruption or allow a specific group to benefit from it, it is amended for the better. After 1945, Germany amended its constitution 62 times, the United States of America 27 times, and France, from which most Arab countries took their constitution and laws, amended its constitution 24 times. All these countries did the necessary to ensure correct parliamentary and governmental practice is followed in order to develop society, and make sure no woe and ruin befell on them. Even ancient Greece, from which the world adopted democracy, amended its constitution ten times over the past decades – both when it was a kingdom and when it became a republic.

This is because the objective was to seek to develop society, and not work in favor of any individual interests. Therefore, we beg to ask – Is the Kuwaiti Constitution perfect? Does it not contain any defects? Have the loopholes discovered in the Constitution over the past 60 years necessitated consideration to amend it? Does the democracy that we praise today reflect our society? Or was it the reason for provoking tribal and sectarian strife, and creating a distorted parliament that does not reflect the nature of a society based on tolerance and mutual support? Some people agreed to have Shura (consultative) councils, because they found them most suitable.

On the other hand, there are underdeveloped nations where civil wars broke out simply because of proposals to amend the constitution. An example of such a nation is Lebanon, which was immersed in war for 15 years. Tunisia is still suffering to this day from poor constitutional amendments dictated by some parties after the so-called “Arab Spring”. Libya is experiencing an ongoing war as a result of the lack of agreement on a single constitution after the demise of Gaddafi’s regime. Another example is Syria. In Kuwait, we can work on improving society by amending the Constitution, especially since there is an Amir who has committed himself to restore pioneers to Kuwait and advancing it. After living for six decades under an absurd struggle to prevent the development of the state, we are today in dire need of correct parliamentary and governmental practice.

In the Arabian Gulf region, Kuwait is the only country where 46 ministries were formed within 60 years, more than two-thirds of which were formed after liberation. The situation reached such an extent that some of them were no more than three months old. All of this was the result of parliamentary grilling based on personal interests. Many times, confidence was withdrawn from the minister before the rest of the MPs heard his defense. Non-cooperation with the Prime Minister is a sword that is always on the necks, and the result is always either his dismissal or the dissolution of the National Assembly. We thus end up returning to square one.

One of the loopholes is setting 14 days to form the ministry, which is why there is always a flaw. Either more than one ministry is assigned to one person, or it is being boiled down because the deadline granted to the prime minister-designate runs out quickly. For Kuwait to get out of the vicious circle around which it is revolving, and according to what circles close to the government say, we today have a leader who is keen for a serious development vision, which he has been calling for since he assumed power. Every effort is being made to rid the country of parasites that have grown in light of the conflict of interests between some groups that realized overnight that they were able to turn the tables if an employee of theirs was not appointed, or if they did not like a minister. This is due to the fact that the current constitution restricts the leader and the executive authority that cooperates with him. It is certain that we will not get out of this vicious circle without amending the constitution, even if that means appointing a Shura Council, or if the parliament is made up of two chambers.

By Ahmed Al-Jarallah
Editor-in-Chief, the Arab Times
[email protected]

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