Chapter IV
the authorities
Chapter Two: The Head of State
Article 54
The Emir is the head of state, and his person is inviolable.
Article 55
The prince assumes his powers through his ministers.
Article 56
The Emir appoints the Prime Minister after traditional consultations and relieves him of his position. He also appoints ministers and relieves them from their positions based on the nomination of the Prime Minister.
Ministers shall be appointed from among the members of the National Assembly and others.
The number of all ministers shall not exceed one third of the number of members of Parliament.
Article 57
The cabinet shall be reconstituted in the manner indicated in the previous article at the start of each legislative chapter of Parliament.
Article 58
The Prime Minister and the ministers are collectively responsible before the Emir for the general policy of the state, and every minister is also asked before him about the work of his ministry.
Article 59
The law referred to in Article 4 determines the conditions necessary for the Emir to exercise his constitutional powers.
Article 60
The Emir, before exercising his powers in a special session of the National Assembly, takes the following oath:
I swear by Almighty God to respect the constitution and the state’s laws, defend the people's freedoms, interests, and money, and safeguard the nation’s independence and territorial integrity
Article 61
In the event that he is absent outside the emirate and the Crown Prince is unable to represent him, the Emir shall appoint a representative who will exercise his powers during his absence by an Emiri decree. This order may include a special regulation for the exercise of these powers on his behalf or may specify their scope.
Article 62
The deputy Emir shall be subject to the conditions stipulated in Article 82 of this constitution, and if he is a minister or a member of the National Assembly, he shall not participate in the work of the ministry or the council for the period of time he is acting on behalf of the Emir.
Article 63
The Deputy Emir shall, before assuming his powers, in a special session of the National Assembly, take the oath stipulated in Article 60, accompanied by the phrase "And to be loyal to the Emir."
In the event that the Council is not in session, the aforementioned oath shall be taken before the Emir.
Article 64
The provisions stipulated in Article 131 of this Constitution shall apply to the Deputy Emir.
Article 65
The Emir has the right to propose laws and the right to ratify and promulgate them. The issuance shall take place within thirty days from the date it is submitted to it by the National Assembly, and this period shall be reduced to seven days in case of urgency. The determination of the status of urgency shall be by a decision of the National Assembly by the majority of the members that comprise them.
The official holidays are not counted from the issuance period.
The law shall be deemed ratified and it shall be issued if the prescribed period for issuance elapses without the President of the State requesting a review.
Article 66
The request for reconsideration of the draft law shall be by a decree with justification, and if the National Assembly approves it again with the approval of two-thirds of the members who make up the Assembly, the Emir will approve it and issue it within thirty days of its notification to him. If this majority is not achieved, it shall be refrained from considering it during the same session. If the National Assembly returns in another session to approve that bill by the majority of the members of whom the Assembly is composed, the Emir will approve it and issue it within thirty days of its notification to it.
Article 67
The Emir is the Supreme Commander of the Armed Forces and he appoints and dismisses officers in accordance with the law.
Article 68
The Emir declares defensive war by decree, but offensive war is forbidden.
Article 69
The Emir declares martial law in the cases of necessity specified by the law and with the procedures stipulated therein. The martial law is announced by decree, and this decree shall be presented to the National Assembly within the fifteen days following it to decide on the fate of martial law. If this occurs during the dissolution period, the matter must be presented to the new council at its first meeting. For the martial law to continue to be ruled, it is required that a decision be issued by the council by the majority of the members that compose it.
In all cases, the matter must be referred to the National Assembly, according to the previous conditions, every three months.
Article 70
The Emir concludes treaties by decree and immediately notifies them to the National Assembly, accompanied by appropriate clarification, and the treaty shall have the force of law after its conclusion, ratification, and publication in the Official Gazette.
However, peace and alliance treaties and treaties related to the state’s lands or natural wealth or the rights of sovereignty or citizens ’public and private rights, trade, navigation and residence treaties, and treaties that bear the state’s treasury some of the expenditures not included in the budget or include an amendment to the laws of Kuwait, must be issued by law for their enforcement.
In no case may the treaty contain secret conditions that contradict its public terms.
Article 71
If something occurs between the sessions of the National Assembly or during its dissolution that necessitates the acceleration of measures that cannot be delayed, the Emir may issue decrees regarding them that have the force of law, provided that they do not contradict the constitution or the financial estimates contained in the budget law.
These decrees must be presented to the National Assembly within fifteen days from the date of their issuance, if the assembly is in place and at its first meeting in the event of dissolution or the end of the legislative season, and if they are not presented, they will have the force of law retroactively without the need for a decision to be issued. But if it is presented and the Council does not approve it, it will no longer have the force of law retroactively, unless the Council decides to approve its implementation in the previous period or settle the consequences of its effects in another way.
Article 72
The Emir shall, by decree, lay down the necessary regulations for the implementation of laws that do not include amendment, suspension, or exemption from their implementation. The law may designate an instrument less than a decree to issue the regulations necessary for its implementation.
Article 73
The Emir shall, by decree, lay down the disciplinary regulations and the regulations necessary for arranging public interests and administrations in a manner that does not conflict with laws.
Article 74
The Emir appoints civil and military employees and political representatives to foreign countries, dismisses them in accordance with the law, and accepts representatives of foreign countries to him.
Article 75
The Emir may, by decree, pardon or reduce the punishment. As for a comprehensive amnesty, it can only be granted by law, for crimes committed before the amnesty is proposed.
Article 76
The Prince awards honors and decorations in accordance with the law.
Article 77
Coins are minted in the name of the Emir in accordance with law
Article 78
Upon the assumption of the President of the State, his annual allocations shall be fixed by law, for the period of his reign.
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