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Volume :6 Issue : 24 1980      Add To Cart                                                                    Download

THE JURISDICTIONAL CONTROL ON THE CONSTITUTIONALITY OF LAWS AND REGULATIONS IN THE CONSTITUTIONS OF THE ARAB STATES OF THE GULF

Auther : By: Dr. Adel Al-Tabtabei

 

The control on this constitutionality of laws and regulations consists of these elements: constitution is written and rigid, laws and regulation, and laws of regulation contravene the constitution.

A constitution is said to be written when the most important constitutional laws are specially enacted. The constitutions of Kuwait, Iraq, Qatar and United Arab Emirates are written.

Flexible constitutions are defined as one under which every law of every description can legally be changed with the same ease and in the same manner by one and the same body.

Rigid constitutions are defined as one under which certain laws generally known as constitutional laws cannot be changed in the same manner as ordinary laws. Where the constitution is rigid, certain laws are distinguished from others if that special procedure is necessary for their alteration, if they are legally alterable at all.

The constitutions of Kuwait, Bahrain and the United Arab Emirates are rigid. But the constitutions of Iraq (Art. 52-54, 66) and Qatar (Art. 67) are flexible because the amendment procedures of their constitutions are the same amendment procedures of the ordinary laws.

The method of amending constitutional laws varies in different Gulf constitutions: It may be a prescribed majority or a prescribed quorum. The article (174) of Kuwaiti constitution (Article “104” from Bahrain constitution) said that either the AMIR or one-third of the members of the National Assembly shall have the right to propose the revision of this constitution by amending or deleting one or more of its provisions. If the AMIR and the majority of the members constituting the National Assembly approve the principle of revision and its subject matter, the Assembly shall debate the bill article by article. Approved by two-thirds majority vote of the members constituting the Assembly shall be required for the bill to be passed. The revision shall come into force only after being sanctioned and promulgated by the AMIR regardless of the provision of Articles 65 and 66 of this constitution (Art. 35-66 of the constitution of Bahrain).

If the principle of revision or its subject matter is rejected it shall not be presented again before the lapse of one year from the rejection.

The Amendment of United Arab Emirates constitutions requires initiation by the Federal supreme council and ratification by the members of the Federal National Council and Federal Supreme Council (Article 144).

The constitution of Kuwait established a special country (The Supreme Court in the United Arab Emirates) for controlling the constitutionality of laws and regulation. The Court consists of a maximum of five judges, all of whom appointed by the President decree upon approval of the Supreme Council in The United Arab Emirates and elected by supreme Council of Judiciary in Kuwait.

The President and the member Judges of the Court are deemed independent of the executive and legislative authority. Once appointed, the judges cannot be removed from their position, unless they resign, or reach retirement age, are in ill-health, are appointed with their agreement to other offices, or are subjected to disciplinary action taken in accordance with laws governing the judicial system.

The constitutions of Arab States of the Gulf ensured the right of both the government and the interested parties to challenge the constitutionality of laws and regulations before the court.

If the Court decided that a law or a regulation is unconstitutional, it shall be considered null and void in Kuwait (Art. 173), Bahrain (Art. 103) and it shall be considered null only in the United Arab Emirates (Article 101, 151).

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