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Article 1 of the Constitution of Kuwait states that Kuwait is an independent and sovereign Arab State while Article 2 specifics that the religion of the State is Islam and the Islamic Sharia will be the main source of legislation.
According to article 4, Kuwait is a hereditary Emirate the succession to which is confined to the descendants of the late Mubarak Al-Sabah who ruled Kuwait from 1896 to 1915. The Heir Apparent is designated from amongst his descendents within one year at the latest from the date of accession of the Amir. The Heir apparent will automatically succeed the Amir once the position falls vacant for some reason.
As per Article 6, the system of Government in Kuwait shall be democratic under which sovereignty lies in the people, the source of all powers. Sovereignty shall be exercised in the manner specified in this Constitution.
Part II of the Constitution specifies the fundamental Constituents of the Kuwaiti Society. Article 7 enshrines. Justice, Liberty and Equality as the three pillars of Society. The Constitution not only prescribes the rights of the citizens but also underlines the social and economic rights of the people, such as, the protection of the family, motherhood and childhood, care for youths, guarantee of aid to citizens in old age, sickness or inability to work, protection of private property, right of inheritance and prohibition of confiscation. The Constitution has adopted a humane and moderate capitalistic economic approach, which asserts that rights of individuals play a social function. The national economy is based on social justice and fair competition between public and private activities. Its aims are economic development, increasing productivity, improving the standard of living and achieving prosperity for its citizens.
A separate part has been allocated in the Constitution for public rights and duties. It guarantees personal liberty, human inviolability, freedom of belief and practicing religion, freedom of Opinion, Press, printing and Publishing, freedom of Communication, freedom to form association and union, the right of private assembly, right of education and right of work. The Constitution stipulated on the irretroactivity of laws, the illegitimacy of crimes, stated punishment for them and that an accused person is presumed innocent until proven guilty. On the other hand it listed the duties of the citizen such as national defence, payment of taxes and public imposts, observance of public order and respect of public morals.
Kuwait has a written Constitution, which combines aspects of both presidential and parliamentary systems of government. The system of government is based on the principle of flexible separation of powers. The Legislative power is vested in the Amir who is the Head of the government and on the National Assembly, the Executive power is vested in the Amir, the cabinet and the Ministers and the judicial power is vested in the courts which shall exercise in the name of the Amir.
Article 80 of the constitution provides for a unicameral legislature with 50 members known as deputies who will be directly elected by universal adult franchise and secret ballot and its term is limited to 4 years. In addition to these 50 deputies, there are reserved seats for those members of the council of Ministers (Ministers) who are not elected members. These ministers shall be considered ex-officio members and enjoy voting rights.
Each legislative term is divided to annual session not less than eight month. The Member s of the Assembly shall be free to express any views or opinion in the Assembly or its committees. Every member of the Assembly shall have the right to initiate bills. Any bill passed by the National Assembly may not be effective until sanctioned by the head of state, promulgated and published in the official gazette.
Besides legislative functions, the Assembly also discharges some financial functions like approving the national budget and its final accounts. The Assembly also supervises the executive power through deferent means. The Assembly shall form amongst its members, standing committees.
The Executive power is vested in the Amir and the cabinet, which includes the Prime Minister and Ministers. The Air will appoint and relieve the Prime Minister and the Ministers besides exercising the general authorities of the Executive power.
The Cabinet shall have control over the State institutions. It shall lay out the general policy of the government and pursue its execution.
As stated in the Constitution, the honor of the Judiciary and the integrity and impartiality of judges are the basis of rule and a guarantee of rights and liberties. Article 163 of the Constitution emphasizes the independence of the Judiciary. In Administering justice, judges shall not be subject to any authority.
The right of litigation to the courts is guaranteed to all people according to procedures and manners prescribed by law. The Judicial proceedings in Kuwait have two levels except for some small litigation's. A Supreme Court (Court of Causation) is at the top of the judicial system.
The Constitution made obligatory the establishment of a bureau for financial supervision (Audit Bureau). It is an independent institution affiliated to the National Assembly.
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