Dissolving Kuwait's parliament was constitutional - expert

Manama: The procedures to dissolve Kuwait's parliament were legally sound and in accordance with the relevant provisions of the constitution, a law expert has said.

"The conditions when the parliament could be dissolved and the subsequent procedures including the call for electing a new parliament are clearly stipulated in the constitution," Faisal Al Saraawi, the chairman of the Department of Fatwa and Legislation (DFL), said.

Several media reports in Kuwait had expressed doubts about the constitutionality of the Emiri Decree 443/ 2011 adopted on Tuesday by the Emir Shaikh Sabah Al Ahmad Al Jaber Al Sabah on dissolving the parliament.

They argued that the decree could not be issued in the absence of a government after the cabinet stepped down last week under pressure from the opposition.

"The DFL verified the soundness of the decree. Article 126 of the Constitution stipulates that since HH the Emir accepted the resignation of the outgoing government of HH Shaikh Nasser Al Mohammad Al Ahmad Al Sabah on November 28 and appointed HH Shaikh Jaber as new prime minister on November 30, Shaikh Nasser's government has to continue shouldering its responsibilities as a caretaker government until the formation of a new government," Al Saraawi said in a press statement.

"This means that HH Shaikh Nasser has only lost his powers as prime minister, while his cabinet members can continue as acting ministers until December 24 when the new government takes oath of office. Therefore, the cabinet can meet under the chairmanship of HH Shaikh Jaber to decide on urgent matters and adopt the necessary decrees if necessary," Al Saraawi said.

Article 107 of the Constitution empowers the Head of State exclusively to dissolve the parliament when he deems it necessary to do so.

A cabinet decision to approve the dissolution of parliament is a mere procedural action based on articles 55 and 128 of the Constitution as well as the preamble of the Emiri Decree.

The decree is a matter of sovereignty over which the courts, including the Constitutional Court, have no jurisdiction according to the provisions on the judiciary affairs, Al Saraawi said.