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Chapter Four Powers Chapter Five: The Judicial Authority The Kuwaiti Constitution

 Chapter IV
the authorities
 Chapter V:
 Judiciary





 Article 162



The honor of the judiciary, the integrity and fairness of judges, is the basis of property and a guarantee of rights and freedoms.



 Article 163



There is no authority over a judge in his judiciary, and it is not permissible under any circumstances to interfere in the course of justice. The law guarantees the independence of the judiciary and defines the guarantees and rulings of judges and the conditions of their inability to dismiss them.



 Article 164



The law arranges courts of different types and degrees, defines their functions and competencies, and the jurisdiction of military courts, except in the case of martial law, is limited to military crimes committed by members of the armed forces and security forces, within the limits established by law.



 Article 165



Court sessions are public except in exceptional cases specified by law.



 Article 166



People are guaranteed the right to litigate, and the law defines the procedures and conditions necessary to exercise this right.



 Article 167



The Public Prosecution office handles public prosecution in the name of society, supervises judicial control matters, and ensures the implementation of criminal laws, prosecutions of offenders and the implementation of judgments. The law shall regulate this body, regulate its functions, and define the conditions and guarantees for those who assume its functions.


A law may exceptionally entrust public security agencies with conducting public prosecution for misdemeanors, and in accordance with the conditions specified by the law.



 Article 168



The judiciary shall have a supreme council organized by law and defining its powers.



 Article 169



The law regulates the adjudication of administrative litigations through a special chamber or court. The law defines its system and the manner of exercising administrative justice, including the mandate of annulment and the mandate of compensation in relation to administrative decisions in violation of the law.



 Article 170



The law arranges the body responsible for expressing legal opinion to ministries and public interests, and drafting draft laws and regulations, and it also arranges representation of the state and other public bodies before the judicial authorities.



 Article 171



A law may establish a state council that specializes in the functions of administrative judiciary, fatwas, and drafting stipulated in the two previous articles.



 Article 172



The law shall regulate the method for resolving disputes over jurisdiction between judicial authorities, and in conflict of rulings.



 Article 173



The law specifies the judicial authority that is competent to settle disputes related to the constitutionality of laws and regulations, and defines its powers and the procedures to be followed.



The law guarantees the right of both the government and concerned parties to challenge the constitutionality of laws and regulations with that authority.


In the event that the aforementioned body decides that a law or regulation is unconstitutional, it shall be considered as if it did not exist.


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