Expert sees existence of constitutional violations in draft law
KUWAIT CITY, May 28: The Interior and Defense Committee of the National Assembly is studying the issue of amending the elction law in terms of amendment of the constituencies, the number of votes, and geographical and regional distribution according to the population density, based on the mandate from the Parliament, reports Al-Anba daily.
In this context, member of the Committee MP Nayef Abdulaziz Al-Mirdas Al-Ajmi said the committee is still waiting for the government’s opinion on the proposals that have been submitted on the amendment of the cosntituencies “and so far we have not received anything.” In this context, a parliamentary source told the daily there is still time because the commissioning of the report should start during the next session.
The source pointed out that the committee will invite all concerned parties before the final vote on the proposal. He pointed out that there is more than one proposal that has been submitted by the deputies regarding the amendment of the electoral system in addition to the government project which will be presented soon.
He stressed an expanded meeting will be held by the committee once the government gives its opinion and all deputies will be invited to seek the views and reach a compromise formula. Meanwhile, Professor of Penal Law and constitutional expert Bandar Al-Enezi see the existence of constitutional violations in the draft that has been submitted to the Legislative Committee of the National Assembly on the law regulating the legal profession, reports Al-Anba daily. Al-Enezi explained Article 11, paragraph 9, stipulated that the person who is over 40 years of age is unacceptable.
Article 100 stipulates that the registered lawyers to renew registration according to the provisions of this law. He pointed out these texts violate three constitutional principles — the first is about the infringement on rights of the registered lawyers, the second is the right to work in accordance with article 41 of the Constitution, and third the principle of equality ibn accordanced with Article 29.
He added: Article 11, paragraph 2 stipulates that the applicant must be fully qualified to enjoy all his national rights and this text refers to the provisions of Articles 66, 68 and 69 of the Penal Code, which is the penalty of felony punishments dependency, etc, including deprivation of the right to vote and nomination.
It also talks about the right to vote, not the nomination, and this violates Article 41 and 29 of the Constitution. Article 11.11 on the condition of fitness applies to the civil servant, not the private lawyer, as well as to the law of the disabled. He added Article 11.5 also violates the principle of equality except for the graduates of the Sharia jurisprudence section, and the Article 37 is unconstitutional for the issuance of a constitutional provision Article 23 of the current law is repealed.
Article 65 is also unconstituional because the Disciplinary Board not have the judicial component. Al-Enezi pointed out that the law contradicts the principle of equality by resorting to foreign lawyers and that the term ‘interruptions’ in Article 16 and 17 of the Administrative Court canceled the administrative decisions and there is a lack of wording in Article 8 that the profession cannot be combined, which prohibits trade.
He pointed out that the legislator did not specify the status of the dissolution of the society and where its money is derived. A paragraph of five years in prison, etc. violates the principles of equality, Article 57 violates the rules of professional secrecy, Article 12 contains restrictions from the legislator (Article 15) and the immunity of the lawyer (Article 27.)