2022Yearbook of Islamic and Middle Eastern Law OnlineRequires access

Direct Constitutional Challenges in Kuwait

Khalifah Thamer Alhamidah

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Abstract

Abstract While the Kuwaiti Constitution of 1962 instituted a Constitutional Court, the latter was not established by the law until 1973. Yet individuals were forced to resort to it through indirect constitutional challenges. Nevertheless, in 2014, the legislature took a big step toward making the court more accessible to individuals by granting them the ability to raise these challenges through the direct process. This paper focuses on two procedures to challenge the constitutionality of legislation before the constitutional court of Kuwait.

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Abstract While the Kuwaiti Constitution of 1962 instituted a Constitutional Court, the latter was not established by the law until 1973. Yet individuals were forced to resort to it through indirect constitutional challenges. Nevertheless, in 2014, the legislature took a big step toward making the court more accessible to individuals by granting them the ability to raise these challenges through the direct process. This paper focuses on two procedures to challenge the constitutionality of legislation before the constitutional court of Kuwait.

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Available abstract

Abstract While the Kuwaiti Constitution of 1962 instituted a Constitutional Court, the latter was not established by the law until 1973. Yet individuals were forced to resort to it through indirect constitutional challenges. Nevertheless, in 2014, the legislature took a big step toward making the court more accessible to individuals by granting them the ability to raise these challenges through the direct process. This paper focuses on two procedures to challenge the constitutionality of legislation before the constitutional court of Kuwait.

Key concepts: Constitutionality, Constitutional court, Constitutional review, Constitution, Legislature, Legislation, Law, Political science

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