تحديد حالة الضرورة في المرسوم بقانون التعليق على حكم المحكمة – الدستورية رقم ) 24 ( لسنة 2015) Determining the State of Necessity in the Decree by Law -Comment on Constitutional Court Ruling No. (24) 2015 | ||
| المجلة الدولية للعلوم القانونية و المعلوماتية | ||
| Volume 3, Issue 2, June 2020, Pages 9-24 PDF (1.42 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/ijslc.2020.201007 | ||
| Author | ||
| Mishari Ayedh Humoud Almutairi | ||
| Assistant Professor at the Public Authority for Applied Education and Training - State of Kuwait | ||
| Abstract | ||
| The Kuwaiti Constitution granted the three powers (legislative, executive, judicial) different terms of reference and set clear lines of action so as not to interfere in the work of each of these authorities, but article (71) of the Constitution came with an exceptional text on that, where the legislator gave the executive authority the right to issue laws In certain circumstances according to the conditions and restrictions set by the previous article. On 20 December 2015, the Kuwaiti Constitutional Court ruled in a direct appeal against the unconstitutionality of a decree no. (24) of the year (2012) for the establishment of the General Authority for Combating Corruption and the provisions for the disclosure of financial disclosure, the unconstitutionality of decree Law No. (24) for the year (20) 12) As the appellant claims in his appeal that this decree is unconstitutional, it was issued contrary to the provisions of the Constitution, as it does not apply to his issuance of the conditions required by article (71) of the Kuwaiti Constitution, which restricted the issuance of decrees by laws (decrees of necessity) in some of the restrictions and conditions imposed by the previous article. The constitutional court's ruling was refuted by Law No. 24 (2012) which was issued during the absence of the National Assembly, the legislative authority entrusted with the issuance of laws, and since the aforementioned law is not an issue requiring urgent legislative action, but is delayed until the The National Assembly is voted on and issued. However, the Court held that this law does not fit in itself as a basis for the justified necessity of issuing it as a necessary decree, especially since there has not been events and circumstances or indicating that certain things have worsened or existing situations have worsened, and this law has been required by a princely decree, and this decree has lacked a mandate. The case of necessity that it must issue such decrees. Through this research, we have addressed the legal nature of the decree of necessity from issuing it until approval or rejection of the National Assembly and its cancellation from the date it is issued. We discussed the existence and absence of urgency in the decrees of necessity and the measure of the necessity that requires the issuance of this decree, as well as how to overcome these constitutional errors when issuing such decrees. | ||
| Keywords | ||
| Law; necessity; appeal; litigation; Constitutional Court | ||
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