22/04/2026
Share:
22/04/2026
Share:
KUWAIT CITY, Apr 22: The Constitutional Court has issued four separate rulings through its Appeals Examination Committee, rejecting or declaring inadmissible a series of constitutional appeals, in a move that underscores the court’s strict approach to evaluating claims of unconstitutionality and defining the scope of its oversight.
In the first case, the court dismissed an appeal filed by a private school challenging a municipal council decision requiring private schools to vacate residential areas within a set timeframe and relocate to designated zones. The court ruled that the measure serves the public interest by regulating land use in residential neighborhoods and does not constitute arbitrary discrimination or a serious infringement on the right to education. It also clarified that the decision is applied immediately and is not retroactive.
In its second ruling, the court upheld the constitutionality of Article 150 of the Civil and Commercial Procedures Law, which allows petitions for reconsideration to be reviewed by the same court and judicial panel that issued the original ruling. The court found that this does not undermine judicial impartiality or independence, noting that such petitions rely on new facts or evidence not previously presented, and therefore do not compromise fair trial guarantees.
The third ruling saw the court declare not admissible an appeal by a convicted individual who challenged legal provisions related to notification procedures in criminal cases conducted in the presence of the Public Prosecution. The court determined that the appeal was procedurally flawed, as the contested ruling did not address the constitutional issue raised, thereby failing the requirement that a constitutional question must be directly linked to the dispute.
In the fourth case, the court rejected an appeal by a citizen seeking national employment support payments while contesting the constitutionality of Cabinet Resolution No. 390 of 2001 on social allowances. The court emphasized that determining financial benefits for employees in government entities and fully state-owned companies falls within the discretionary authority of the legislature, and differences in entitlements do not violate the principle of equality due to varying legal positions among job categories.
Across all four rulings, the court reiterated that constitutional challenges are only admissible when they are essential to resolving a dispute and supported by serious grounds. It also stressed that its role is confined to assessing compliance with constitutional provisions, not to reviewing the broader merits of legislation.
