Legal Guarantees of Independence of Constitutional Legitimacy Control (Case study – Constitutional Court in Kuwait) Comparative Study

Abstract

Constitutions seek to keep more than one guarantee regarding the constitutional control for achieving the full independence of the competent party concerning the control and supervision on the legislation’s constitution as stated in this research. Accordingly, it is found out that there are several negatives in Kuwait legislations regarding the constitution control or supervision that include: Authorities expansion of the executive authority in forming the constitutional court, choosing members of the constitutional court among advisors of the Court of Cassation and the Court of Appeal together with their original work along with the Minister of Justice domination on status and regulation of the financial and administrative affairs of the Constitutional Court. That is regarded as an approach to achieve the independency of the Constitutional Court. Therefore, we have suggested making amendment in the constitution, which handles the regulation law of the constitutional judiciary without referring the matter to the ordinary legislator for achieving the full independence of the Constitutional Court far from any authority or power in the state, in particular the executive authority.