Author name:
دعاء علي سرحان الزيدي
Supervisor name:
رافد عبد الرضا عيلان الخفاجي
Abstract:
The chiefdom of Kuwait Signed in 1899, on the agreement of British protection under which became a protectorate administered some of their affairs, especially out wardness by Britain. was that agreement lasted until 19 June 1961, when Britain announced that Kuwait's independence, became incumbent on the Kuwaits to prove its existence as an independent state, citizens enjoy freedom and democracy, and that through the creation of a constituent assembly elected "suggest" to the world that the Kuwaiti government is moving towards more democracy. However, the march toward democracy soon clashed with the mentality of some of the ruling family elders, who refused at first to waive certain privileges which was granted to them in their capacity as the ruling family elders, Participated all their weight in the Kuwaiti Constituent Assembly. came participation by appointment rather than election, as is the case with the rest of the members of the Constituent Assembly, which confirms the fear of any democratic transformation lose their some of their privileges. plenty of the academic researchers, have significant and multiple aspects, specialized study of Kuwait contemporary political history, is that despite the importance of the Kuwaiti Constituent Assembly ( 1961 - 1963 ), close to its association with the lives of the Kuwaiti citizen on the one hand, and install the foundations of the modern state after the institution was about way to build the joints of the Kuwaiti state as a whole on the other hand, we have not noticed any concentration by those academic studies, for addressing the Council of Kuwait constituent of topics, and the Bill of laws and amendments, except for some writings and articles scattered, which dealt with a very small fraction of the Thread, noting that some of them have been written without the generality that there is a fight in the details, which made it difficult for any researcher, having such a topic in light of the lack of these studies first, and the difficulty of the subject and its complexities Second. Based on the historical significance of the above, it came this study tagged : ( Council Kuwaiti Constituent Assembly from 1961 to 1963 ), in order to detect one of the important aspects and the mean in Kuwait contemporary political history, an attempt to examine role of the Kuwaiti constituent assembly, and its contribution to the transmission of Kuwait from a tribal entity managed some internal and external affairs by the state of Britain's protection, an independent state adopts the existing democratic system of governance elections and parliamentary representation. as well as study the discussions members of the Special legislation of laws and amendment by the Constituent Assembly, which paved the way for the adoption of the permanent Kuwaiti constitution and the election of the National Assembly. The research found a set of findings and conclusions that can incorporate the most important as follows : First : the desire of Britain, Sheikh Abdullah Al - Salem Al - Sabah, and some Kuwaiti dignitaries, the establishment of a constitutional alternative to the tribal government the prevailing system in Kuwait at the time system, as it is becoming imperative for Kuwait after its independence from Britain in 1961, to prove its existence as an independent state, citizens enjoy freedom and democracy, and so through the creation of elected councils "suggest" to the world that the Kuwaiti government is moving towards more democracy.Second : The most important can be notice on the work of the Kuwaiti Constituent Assembly, is the presence of ministers appointed as members of the Council exercising two floors at the same time first : an executive capacity as minister in the Kuwaiti government, or Council of Ministers, and the second : a legislative capacity as members of the Constituent Assembly, so the problematic work of the Constituent Assembly was stemming from the attempt to the executive, the acquisition of the largest amount of powers to the legislative branch account, meaning that the legislature be dominant by the executive branch, and this is what made ministers insist initially through "a spokesman on their behalf," adviser legal Kuwaiti government Mohsen Abdel Hafez, that the task of the Constituent Assembly are limited to a supervisory role.Third : regardless of all the motives that accompanied the formation of the Kuwaiti Constituent Assembly, the Council's work form an important event in the history of Kuwait's political, economic and social, as the mode or the Constituent Assembly drafted the foundations of the system of government in Kuwait, which is destined to continue until the present day, the Although there are some obstacles and political problems faced by the parliament to work in Kuwait, and the Dismantling of the Kuwaiti National Assembly for several times, and electoral fraud, and the Deactivating of some articles of the Constitution, which thanks to the Kuwaiti accomplished Constituent Assembly.Fourth : such as the work of the Kuwaiti Constituent Assembly during that period, a radical shift in the history of Kuwait contemporary political, after the first legislative institution representative of the population to be formed in Kuwait, which has become a reason to create a kind of political awareness among the population of Kuwait, as "Feeling" the presence of a representative entity their own regulator monitors the work of the executive authority, defends their rights through the exercise of the functions of the legislative and regulatory authority, and about the so rushed some residents of Kuwait and dignitaries, to submit petitions and complaints related to their problems, especially the character service, which had previously been neglected, some ministers of the executive branch before the formation Foundation Board.Fifth : The follower of the minutes of the Kuwaiti Constituent Assembly, the minutes of the meetings of the committee preparing the permanent Kuwaiti constitution, foand that most of the laws and legislation political, economic, administrative and service, and some of the permanent Kuwaiti Constitution, were approved under pressure from ministers of the executive authority ( Council of Ministers ), the dominant the work of the Constituent Council ( Parliment ), or to find compromise solutions between the elected members and appointed, and that the necessary ignored the objections of the elected members, and resorting to a vote, which is always in favor of the appointed ministers as members of the Constituent Assembly, or taking the opinion of the Prince Sheikh Abdullah Salem Al - Sabah, to Definitiveness some of the topics at issue, which the size or reduced the independence of the work of the Kuwaiti Constituent Assembly to pass a lot of laws and legislation, it seemed as if the executive branch is watching the work of the legislature, other than what is the case in all parliaments of the world adoptive system democratic governance.Sixth : Overall, we can say that the Constituent Assembly of Kuwait, has succeeded despite the obstacles and difficulties created by the ministers of the executive branch appointed as members of the Constituent Assembly, in the tasks entrusted to him perform under the Interim Constitution of Kuwait : ( Act No. 1 of 1962 ), laid the foundations of the state Kuwait, through legislation, modification and approval of many of the political, economic, administrative and service laws, as well as being able to By done his mean mission president of the preparation of the permanent Kuwaiti constitution, which was approved by the Emir of Kuwait, Sheikh Abdullah Al - Salem Al - Sabah, dated 11 November 1962, under which announced the end of the action Board Kuwaiti Constituent Assembly, to take place after the elections, members of the Kuwaiti National Assembly, which held its first session on 29 January 1963.Seventh : Finally The research, to the Kuwait Permanent its constitution of 1962, he moved from the traditional chiefdom - based formula on the basis of the absolute rule of the elders of the Al - Sabah family, to a limited and incomplete constitutional emirate preliminary version, under the constitutional system of governance amid combines two systems Parliamentary the presidential, with a tendency towards the first, as part of the equation summarized Articles IV and VI of the Permanent Constitution of Kuwait, after Kuwait hereditary emirate where limited presidential Descendents Sheikh Mubarak Al - Sabah, provided that the system of government in which a democratic, under which sovereignty of the nation, all of which are the source of authority, and on despite limited mobility and not complete, but it is a big and important step compared to what it was the conditions of Kuwait in the pre - independence, particularly since the transition from autocracy system to a constitutional system of government, has identified the powers of the prince and the elders of the ruling family, for according to a Permanent Kuwaiti constitution, the center of a system which combines the two systems parliamentary and presidential.
