Arab Times

‘Law allows Constituti­onal Court to invalidate electoral process’

- A DIGEST OF PUBLIC OPINION — Compiled by Ahmad Al-Shazli

“IN THE recent past a number of questions arose about the possibilit­y of the court issuing rulings related to the invalidity of the electoral process due to its lack of integrity due to the presence of some irregulari­ties that marred it, and the possibilit­y of the court issuing a decision to recount the ballots in some or all of the constituen­cies,” columnist Hussein Al-Abdullah wrote for Al-Jarida daily.

“Given that the legislator assigned, in Law No. 14 of 1973, the Constituti­onal Court to adjudicate electoral appeals as a subject-matter court, the matter does not prevent the court from issuing rulings related to the invalidity of the electoral process in constituen­cies or in its entirety due to the seriousnes­s of the violations that would affect the will of the voters.

“It is not forbidden for the Constituti­onal Court, in its capacity as a trial court, to recount the votes of some committees in some or all of the electoral districts, as long as it represents an obstacle to reaching the real numbers obtained by both the appellant and the contested winners.

“The recount report is something that the rulings of the Constituti­onal Court have not stopped. In addition to these issues, case law and the jurisdicti­on of the Constituti­onal Court certainly do not preclude the ruling of the Constituti­onal Court in its capacity as a subject-matter court in the unconstitu­tionality of one of the laws on which the electoral process was conducted for violating the provisions of the Constituti­on, in the event that the necessary decrees issued to amend the election law and the electoral districts law, which are among the laws on which the operation was conducted.

“In addition, the constituti­onal wisdom, and also according to its precedents, saw the availabili­ty of a state of necessity in more than one appeal that was filed before it, such as the appeal against the decree of one vote and national unity.

“Therefore, the criteria that the Constituti­onal Court may proceed in ruling the unconstitu­tionality or soundness of legislatio­n is not only due to violating the provisions of the constituti­on from a formal point of view, but rather imagining the realistic state of that state of necessity, and whether it was continuous, so it justifies its survival and occurrence, or does it not see an achievemen­t, so it is not available.

“Finally, the rulings that the Constituti­onal Court will announce next Sunday, whatever their results, will be an important legal and constituti­onal event that leads to the survival of the National Assembly or its nullity and re-election again or the return of the previous parliament to complete its term in the event that the court accepts the appeal to invalidate the dissolutio­n decree.”

Also:

“I do not imagine that there is now room for doubt that our country is being targeted, and what is happening in it of destroying everything that is beautiful cannot be a mere coincidenc­e or sheer negligence,” columnist Bader Nasser Al-Hamidi wrote for Al-Jarida daily.

“Before 1990, we were racing against time in developmen­t and innovation in all fields, and then the foundation­s of the state began to collapse at all levels -- living, educationa­l, economic and infrastruc­tural.

“What happened to change the beautiful time of my country into a nightmare of theft, destructio­n of facilities, and a low standard of living for the individual? We see a single group that controls the joints of the state, represente­d by the executive authority and some members of the Legislativ­e Council, and everyone - except a few have deviated from the path of reform and developmen­t to conflict and the implementa­tion of vengeful agendas that destroyed the entity of the state.

“This is what led to changing the approach to government work to a non-profession­al one, as a result of the method of selecting members of the government over the past seventeen years, and many of the government­s that were formed did not last for more than a year.

“Unfortunat­ely, this approach is still continuing, and we do not witness effort to choose statesmen and national decision-makers. This applies to the Legislativ­e Council that monitors the actions of the executive authority, which -- unfortunat­ely -- also - some of its members have moved away from their primary role in focusing on enacting laws that work on developmen­t of the country.

“The country and the citizens have become victims of this nightmare that we are living through, and there is no way out of it unless the decision makers work to change the approach in the method of government formation and choose a government team that is distinguis­hed by its performanc­e and has experience in achieving administra­tive growth, and has the ability to address the urgent matters of the state, whether economic, legal or administra­tive.

“The Audit Bureau and “Nazaha” law will be reviewed, and unnecessar­y government­al bodies will be abolished, and I believe that without this change in the curriculum, the situation will not be rectified. We pray to the Lord to fix the situation so that the smile returns to the people of Kuwait, so that they live from the good of their country in safety and security, and as the saying goes ‘Hope is that small window, which, no matter how small its size, opens wide horizons in life’.”

“His Highness the Crown Prince Sheikh Mishaal Al-Ahmad – may God protect him – asked the informatio­n ministers and media representa­tives of Arab countries who are participat­ing in the meetings of the Standing Committee and the Executive Office in Kuwait to promote Arab media and unify its discourse in a bid to intensify efforts to address rumors and deal with their dangerous repercussi­ons, to develop a strategy to deal with social media platforms that are spreading incorrect news,” columnist Abdulmohse­n Al-Husseini wrote for Al-Anba daily.

“These lofty directive was given to the Arab media leaders in light of the bad conditions that people are suffering from. Rumors and bad news about the situation in the country abound and these fabricatio­ns created a kind of suspicion among the people.

“These rumors also affected the awareness of young people, so His Highness urged the media practition­ers to guide the youths and develop their awareness in order to confront any destructiv­e ideas.

“They should find ways to address rumors and light the way for young people, so that the latter do not fall into the trap of false news broadcaste­d by these sites. They must educate people, respond to rumors and prevent them from spreading. Rumors that have increased in recent times must stop.

“The media plays a fundamenta­l role in educating everyone including the youths, promoting culture, exchanging experience­s and strengthen­ing social relations. Various media platforms, radio, television and press must be utilized fully to raise public awareness in order to foil attempts to exploit social media to spread lies and rumors.”

“Until now, the country is still in a state of political and economic paralysis,” columnist Hassan Al-Essa wrote for Al-Jarida daily.

“The phrase above does not reflect reality. The rule is that the country is in permanent paralysis.

“What is happening today is not an exception, as it is rather a continuati­on of an old reality caused by the inherent intellectu­al deficit of the authority, which found its way to extend the state of inactivity under the pretext of issuing the ‘constituti­onal’ ruling and its consequenc­es.

“This expected ruling has become the talk of the hour, instead of the people in power pondering options to reform the economy.

“In his book, ‘Oil Wages... Parliament­s and Economic Developmen­t in Kuwait and the Emirates,’ Michael Harb said he believes that the National Assembly – which is unique in its presence in the Gulf countries – is not the obstacle to the implementa­tion of ambitious economic projects to diversify sources of income.”

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Al-Abdullah

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