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Laws okayed in Tuesday session are valid

Cabinet voted before 4 pm: Al-Tabtabaei

KUWAIT CITY, Oct 5: Constitutional expert and advisor at the Amiri Diwan Dr Adel Al-Tabtabaie affirmed that the laws approved by the National Assembly during its session last Tuesday – the day when the death of the late Amir His Highness Sheikh Sabah Al-Ahmad was announced – are correct and sound from the constitutional point of view, reports Aljarida daily. He said, “The arguments of some that these laws are invalid because the government loses its legitimacy as soon as the death is declared are not accurate”.

In a press statement, Dr Al-Tabtabaei explained that the Cabinet voted on the laws before 4:00 pm – the time when the death announcement was made. Therefore, the approved laws are correct and sound. He said, “If the government lost its legitimacy, as some say, then how is it correct to recognize the government’s announcement to call for the Crown Prince of the country? This was done and it confirms that this opinion is wrong, and is not based on any sound and considered constitutional basis”.

Dr Al-Tabtabaei highlighted that the exit of the National Assembly Speaker and His Highness the Prime Minister from the Cabinet meeting was due to their prior appointment at Bayan Palace to discuss a matter related to one of the proposals concerning the session, and not due to knowledge of the death, which had not been communicated at that time.

Regarding his opinion on calling for a supplementary round, Dr Al-Tabtabaei said, “It is not permissible to call for a supplementary round while the parliament continues to convene. This is because it is assumed that calling for a round requires the parliament not to be in a regular round. There is no need for a supplementary round. It is not a constitutional obligation, because it is practically impossible for us to have four full-term rounds unless the elections are held in October, which is not always achieved.”

In this regard, Constitutional expert Dr Muhammad Al-Faili said, “It is not permissible to call for a supplementary round before the end of the regular set of rounds, which is four. This will make the supplementary round the fifth term.”

Meanwhile, parliamentary sources revealed that the term of the supplementary round will be one day only. They said, “The role of the supplementary round is a precautionary one aimed to prevent any constitutional suspicion. The text of article 86 of the Constitution has been taken into account. After following the procedures of the opening session for giving speeches, the speeches of the National Assembly Speaker and the Prime Minister will be dismissed immediately.”

The sources indicated that the National Assembly will hold two sessions next week on Tuesday and Wednesday in coordination with the government, unless it finds new alternatives. “These two sessions will be the last legislative sessions of the current parliament“, the sources added.

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